Ex parte Green
Supreme Court of Alabama
This was an original petition filed in this court by J. O. Green, a constable, for llie writ of mandamus to compel the Hon. John W. Bishop, judge of the city court of Talladega, to vacate an order requiring petitioner to surrender property in his possession by virtue of writs of attachment.
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This was an original petition filed in this court by J. O. Green, a constable, for llie writ of mandamus to compel the Hon. John W. Bishop, judge of the city court of Talladega, to vacate an order requiring petitioner to surrender property in his possession by virtue of writs of attachment. In the return of Judge Bishop to the rule nisi to show cause why the prayer of the petition should not be granted, he admitted the allegations of fact contained in the petition to be true, but denied the legal conclusions thereof and the right of the petitioner to the relief prayed. Other material facts…
1Opinion of the CourtHead, J.
As claimed by the bill hereinafter referred to, on December 11, 1895, the Lincoln Mercantile Com*661pany, a corporation, executed to Graves Embry a general assignment o'f its property for the benefit of all its creditors, and the assignee went into immediate possession. Shortly thereafter, three several creditors of the assignor, viz : The Iron Belt Mercantile Company, the Anniston Hardware Company, and the Thompson Hiles Company, sued out attachments against the estate of the assignor, and caused the same to.bo levied upon the assigned goods, in the possession of the assignee, by the petitioner,…
2Cited by1 opinion
- Baker v. BurdeshawSupreme Court of Alabama · 1902