Giovanni v. First National Bank of Montgomery
Supreme Court of Alabama
Appeal from tbe City Court of Montgomery. Tried before tbe Hon. John A. Minnis. Tbis action was brought by tbe appellant to recover damages for tbe seizure and sale by tbe sheriff, at tbe instance of tbe defendant as plaintiff in attachment, of certain personal property which tbe plaintiff claimed as exempt from seizure and sale under legal process.
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Appeal from tbe City Court of Montgomery. Tried before tbe Hon. John A. Minnis. Tbis action was brought by tbe appellant to recover damages for tbe seizure and sale by tbe sheriff, at tbe instance of tbe defendant as plaintiff in attachment, of certain personal property which tbe plaintiff claimed as exempt from seizure and sale under legal process. Tbe property belonged to Giovanni & Co., a partnership doing business in tbe city of Montgomery, composed of the plaintiff in tbis suit and one Guily; and it was seized by tbe sheriff on tbe 7th January, 1873, under an attachment for rent at tbe…
1Opinion of the Court
BBICKELL, O. J. —
In Howard v. Jones & Starke, 50 Ala. 67, it was decided, that money or property, belonging to a partnership, may be claimed by the partners individually, as exempt from levy and sale under process against them. The case was an action against partners, for the recovery of a partnership debt, and a garnishment against one having in his custody partnership funds, exemption of which the partners claimed. This decision controlled that of Dunklin v. Kimball, Ib. 251, in which it was held, that two members of an insolvent partnership, having, without the.consent or acquiescence of a…
2Cases cited3 opinions
- Pond v. KimballMassachusetts Supreme Judicial Court · 1869
- Bonsall v. ComlySupreme Court of Pennsylvania · 1863
- Howard v. Jones & StarkeSupreme Court of Alabama · 1873
3Cited by14 opinions
- Whitfield v. RiddleSupreme Court of Alabama · 1884
- Richardson v. Adler, Goldman & Co.Supreme Court of Arkansas · 1885
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1881
- Poole v. GriffithSupreme Court of Alabama · 1927
- Schlapback v. LongSupreme Court of Alabama · 1890
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