Young v. Hubbard
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before tbe Hon. Thos. M. Arrington. The proceedings in this case were had upon a contest of exemptions, in which the appellee, Hubbard, claimed as exempt to him certain funds which the answer of the garnishee, the Louisville & Nashville Railroad Company, disclosed to be in its hands, and to belong to the said Hubbard. Randolph Young recoverd a judgment against Jos.
Read the full summary
Appeal from the City Court of Montgomery. Tried before tbe Hon. Thos. M. Arrington. The proceedings in this case were had upon a contest of exemptions, in which the appellee, Hubbard, claimed as exempt to him certain funds which the answer of the garnishee, the Louisville & Nashville Railroad Company, disclosed to be in its hands, and to belong to the said Hubbard. Randolph Young recoverd a judgment against Jos. D. Hubbard, and in aid of the collection of the same had issued and served upon the Louisville & Nashville Railroad Company a writ of garnishment. One James McPhillips also recovered…
1Opinion of the CourtMcCLELLAN, J.
The claim of exemptions filed by the defendant, Joseph D. Hubbard, on August 2d, 1892, was insufficient in that it is not made to appear thereby that the debt against which the claim was interposed had been contracted since the ordination and enactment of the laws providing for the exemption intended to be asserted. — Randolph v. Little, 62 Ala. 396. The insufficiency of this claim, however, appears to have been waived by the plaintiff: without objecting to it on this ground, he filed an affidavit of contestation.
The claim of August, 1892, had reference to and covered eighty dollars due and…
2Cases cited3 opinions
- Randolph v. LittleSupreme Court of Alabama · 1878
- Tonsmere & Craft v. BucklandSupreme Court of Alabama · 1889
- Buckland v. Tonsmere & CraftSupreme Court of Alabama · 1890
3Cited by2 opinions
- Ely v. BlackerSupreme Court of Alabama · 1895
- Nunez v. BordenSupreme Court of Alabama · 1933