Leinkauff & Strauss v. Tuskaloosa Sale & Advancing Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Samuel H. Spkott. Several creditors, including the appellants-, Leinkauff & Strauss and Katz & Barnett, sued out attachments against their common debtor, The Tuskaloosa Sale & Advancing Co., which were levied upon the stock of goods belonging to said defendant.
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Appeal from the Circuit Court of Tuskaloosa. Tried before the Hon. Samuel H. Spkott. Several creditors, including the appellants-, Leinkauff & Strauss and Katz & Barnett, sued out attachments against their common debtor, The Tuskaloosa Sale & Advancing Co., which were levied upon the stock of goods belonging to said defendant. At the Fall term of the court, 1890, all the attaching creditors submitted a motion in their respective cases, to áell the property so levied on, on the ground that the property was being kept at great expense and was of a perishable nature. This motion was granted by…
1Opinion of the CourtHaralson, J.
There is no bill of exceptions in this case. It was brought here on what purports to be an enrolled record. The judgment appealed from, as the *334certificate of appeal and appeal bond show, is one -which, was rendered on the 12th day of June, 1893, amending nunc pro tunc a judgment of the date of June 16th, 1892. On that date, an incomplete judgment entry appears to have been made on the motion docket, overruling the appellants’ motion against the defendant, King, and the sureties on his bond, for a rule nisi, to show cause why an order should not be made requiring him to pay over to appellants…
2Cases cited2 opinions
- Chandler v. Francis Vandegrift Shoe Co.Supreme Court of Alabama · 1891
- Bryan v. Streeter & SmithersSupreme Court of Alabama · 1876
3Cited by6 opinions
- North Birmingham Trust & Savings Bank v. HearnSupreme Court of Alabama · 1924
- Lipscomb v. Bessemer Board of EducationSupreme Court of Alabama · 1952
- Commissioners Court v. HollandSupreme Court of Alabama · 1912
- Ory-Cohen v. TaylorSupreme Court of Alabama · 1922
- Parks v. BryantSupreme Court of Alabama · 1902
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