Legal Opinion

Apfel v. Crane, Boyleston & Co.

Supreme Court of Alabama

Decided December 15, 1887PublishedCited by 2 opinions

Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. The appellees in this case, as suing partners, obtained a judgment in a justice’s court, on tbe 7th January, 1881, against Jacob Broda; and an execution on this judgment was issued on the same day, and levied on a small lot of goods, consisting of shoes, sheeting, &c., found in the store in which Broda had then lately been carrying on business.

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Appeal from the Circuit Court of Lee. Tried before the Hon. Jesse M. Carmichael. The appellees in this case, as suing partners, obtained a judgment in a justice’s court, on tbe 7th January, 1881, against Jacob Broda; and an execution on this judgment was issued on the same day, and levied on a small lot of goods, consisting of shoes, sheeting, &c., found in the store in which Broda had then lately been carrying on business. A claim to the goods was thereupon interposed by Nathan Apfei, and a bond given for a trial of the right of property; and the cause being removed by appeal into the…

1Opinion of the CourtSomerville, J.

— 1. The two bills of sale purporting to be executed by Broda — the one to. Nathan Apfel, the claimant, and the other to his father, S. B. Apfel — were properly excluded from the jury. They were no part of the deposition of the claimant, although inclosed- in the same envelope with it. They had no marks of identification on them, and no description was given of them in the deposition by way of reference, such as would constitute these documents exhibits to the, deposition. To admit in evidence important papers of this nature, with so great lack of cer*314tainty iu identification, would be…

2Cases cited4 opinions

  1. Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
  2. Kyle v. WardSupreme Court of Alabama · 1886
  3. Foster v. GoodwinSupreme Court of Alabama · 1886
  4. Jones v. FranklinSupreme Court of Alabama · 1886

3Cited by2 opinions

  1. Dollins & Adams v. Pollock & Co.Supreme Court of Alabama · 1889
  2. Marx Bros. v. LeinkauffSupreme Court of Alabama · 1890

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