Lienkauf & Strauss v. Morris
Supreme Court of Alabama
Appeal from tbe Circuit Court of Marengo. Tried before the Hon. Luther E. Smith. This action was brought by Ascher Morris, against Lienkauf & Strauss as partners, Morris Mayer, and Leonard Newhouse, and was commenced on the 11th April, 1879. The complaint as amended, after demurrer sustained to the original, contained two counts; the first claiming $1,750 as “damages for wrongfully taking the following goods and chattels, the property of plaintiff”; and the second claiming…
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Appeal from tbe Circuit Court of Marengo. Tried before the Hon. Luther E. Smith. This action was brought by Ascher Morris, against Lienkauf & Strauss as partners, Morris Mayer, and Leonard Newhouse, and was commenced on the 11th April, 1879. The complaint as amended, after demurrer sustained to the original, contained two counts; the first claiming $1,750 as “damages for wrongfully taking the following goods and chattels, the property of plaintiff”; and the second claiming the same sum, “for wrongfully causing and procuring one David D. Yeager, the sheriff of Marengo county, to levy an…
1Opinion of the CourtSomerville, J.
This is an action of trespass brought by the appellee, Morris, against the appellants, who wqre the •obligors in a certain bond of indemnity, executed by them to the sheriff of Marengo county, conditioned to protect him in levying on a stock of goods and merchandise claimed as the property of the plaintiff The levy was made under a writ •of attachment against the goods of one Steiner, who, it was *413claimed, had made a fraudulent sale of the stock in question, to the plaintiff. Cole, as the agent of Lienkauf & Strauss, went with the sheriff to the store of Morris, and caused the sheriff to levy…
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