Harmon v. McRae
Supreme Court of Alabama
Appeal from tbe Circuit Court of Bullock. Tried before tbe Hon. Jesse M. Carmichael. This action was brought by John F. Harmon, against C. M. McRae, Ignatius Poliak, and H. Fleming, to recover damages for an alleged trespass in making a wrongful levy on a stock of goods; and was commenced on the 3d January, 1888. McRae was the sheriff of the county, and levied an attachment on the stock of goods, on the 6th January, 1887, as the property of Harmon Brothers, a mercantile…
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Appeal from tbe Circuit Court of Bullock. Tried before tbe Hon. Jesse M. Carmichael. This action was brought by John F. Harmon, against C. M. McRae, Ignatius Poliak, and H. Fleming, to recover damages for an alleged trespass in making a wrongful levy on a stock of goods; and was commenced on the 3d January, 1888. McRae was the sheriff of the county, and levied an attachment on the stock of goods, on the 6th January, 1887, as the property of Harmon Brothers, a mercantile partnership then or lately doing business in Union Springs; Poliak being the plaintiff in the attachment, and Fleming his…
1Opinion of the CourtColeman, J.
If several creditors sue out, at different times, separate writs of attachment against a common debtor, and cause them to be simultaneously levied by the same officer, the levy being wrongful, they will be regarded as joint wrong-doers, though they may have acted separately, without concert, and each was endeavoring to secure a priority of lien. The wrong in such cases consists in the levy and seizure of the property, which was done by" the same officer, at the same time, for each and all of the attaching creditors. They contemporaneously committed the wrong, by a common agent.—Sparkman v.…
2Cases cited16 opinions
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Foster v. NapierSupreme Court of Alabama · 1883
- Peterson v. StateSupreme Court of Alabama · 1883
- Cushing v. GoreMassachusetts Supreme Judicial Court · 1818
- Stephens v. Regenstein & Co.Supreme Court of Alabama · 1889
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Pollock v. MeyerSupreme Court of Alabama · 1892
- Moore, Marsh & Co. v. Penn & Co.Supreme Court of Alabama · 1891
- Harris v. RussellSupreme Court of Alabama · 1890
- McGee v. StateSupreme Court of Alabama · 1897
- Goetter, Weil & Co. v. Smith Bros.Supreme Court of Alabama · 1894
5 more not listed; retrieve them via the Exa API.