Murphy v. Butler, Pitkin & Co.
Supreme Court of Alabama
Appeal from Chambers Circuit Court. Tried before Hon. James E. Cobb. Butler, Pitkin & Co., on 8th January, 1883, sued out an attachment against J. H. Murphy & Co., which was .levied on designated articles of merchandise. This property was claimed by W. N. Murphy, and, on his making the statutory affidavit and bond, it was delivered to him by the sheriff.
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Appeal from Chambers Circuit Court. Tried before Hon. James E. Cobb. Butler, Pitkin & Co., on 8th January, 1883, sued out an attachment against J. H. Murphy & Co., which was .levied on designated articles of merchandise. This property was claimed by W. N. Murphy, and, on his making the statutory affidavit and bond, it was delivered to him by the sheriff. The cause was tried on an issue made up under the statute, the trial resulting in a verdict and judgment in favor of the plaintiffs in attachment. On the trial evidence was introduced tending to show that the claimant purchased the goods…
1Opinion of the CourtBriceell, C. J.
The statement or declaration as to their pecuniary condition made by the defendants in attachment to Iiurst, Purnell & Co., several months prior to the sale under which the claimant deduced title to the goods in controversy, was not (so far as now appears) introduced for the purpose of contradicting or impeaching evidence given by either of the defendants, and it was certainly, in point of time, and in every other respect, disconnected with the main fact.which was the matter for the consideration of the jury. If the statement was untrue, the fact of its falsity, however deliberately it may…
2Cases cited3 opinions
- Heirs v. United States Bank of PennsylvaniaSupreme Court of Alabama · 1845
- Jones v. NorrisSupreme Court of Alabama · 1841
- Garner v. BridgesSupreme Court of Alabama · 1862
3Cited by2 opinions
- Shreve-Milligan Live Stock & Vehicle Co. v. PelhamAlabama Court of Appeals · 1912
- Penney v. StoutSupreme Court of Alabama · 1936