Hudson v. Wright
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Trover by Harvey Wright against F. N. Hudson. From a judgment for plaintiff, defendant appeals.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disque. Trover by Harvey Wright against F. N. Hudson. From a judgment for plaintiff, defendant appeals. The defendant set up in tbe pleading that be owned a farm in Etowab county, and leased a part of said farm to J. T. Wrigbt for tbe year 1906, and Wrigbt subleased a part of bis lease bolding to Harvey Wright for the same year; that on the 22d of December, 1906, Hudson sued out an attachment against J. T. Wright to enforce his landlord’s lien, and had it levied upon the crop of said Wright, and the said property was taken in…
1Opinion of the CourtSayre, J.
It is not to be doubted that the plaintiff in this suit might have intervened for the assertion *300of his rights in the attachment suit. But on the face of the record the plaintiff- was not a party to the attachment suit, nor was he brought in by process or notice of any kind whatever. He is to be bound, if at all, for the sole reason that his property wa's taken and condemned to the payment of another’s debt under the form of judicial process. Unless he is to be so bound as a party or privy to the judgment in the attachment suit, he lost no right by failing or refusing to interpose his defense…
2Cases cited6 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Woodruff v. TaylorSupreme Court of Vermont · 1847
- Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
- Pullman Palace Car Co. v. HarrisonSupreme Court of Alabama · 1898
- Betancourt v. EberlinSupreme Court of Alabama · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Stone v. WilliamsCourt of Appeals for the Second Circuit · 1992
- Stone v. WilliamsCourt of Appeals for the Second Circuit · 1992
- Owen v. MillerSupreme Court of Alabama · 1981
- Wise v. MillerSupreme Court of Alabama · 1927
- Zaner v. ThrowerSupreme Court of Alabama · 1919
5 more not listed; retrieve them via the Exa API.