Cordaman v. Malone
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before tbe Hou. H. D. Clayton. This was a petition by F. M. Cordaman, to supersede and quash an execution issued against Mm, M. A. Wood, and David Barr, in favor of J. B. Knox and G. Y. Malone, as surviving partners of the late firm of Knox, Malone & Knox.
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Appeal from the Circuit Court of Pike. Tried before tbe Hou. H. D. Clayton. This was a petition by F. M. Cordaman, to supersede and quash an execution issued against Mm, M. A. Wood, and David Barr, in favor of J. B. Knox and G. Y. Malone, as surviving partners of the late firm of Knox, Malone & Knox. The averments of the petition, and the accompanying exhibits, show the following facts : On the 14th October, 1874, said Knox and Malone, as surviving partners, sued out an attachment, before the clerk of the Circuit Court, against David Barr, claiming $200 for rent due’on the 1st November, 1874;…
1Opinion of the CourtStone, J.
^-Propertv levied on under attachment is thereby placed under a lien, which is perfected, and made available, when the attachment suit ends in a judgment for the plaintiff. Pending the suit, the defendant, or even a stranger, may replevy the property, and take it out of the actual custody of the sheriff. This, however, is a mere inexpensive mode of preserving the property until it is wanted for the payment of the judgment that may be rendered. Till the bond is forfeited, the property is in the custody of the law, and the lien is neither destroyed nor impaired. — Code of 1876, §§ 3280, 3289,…
2Cases cited4 opinions
- Dunlap v. ClementsSupreme Court of Alabama · 1851
- Rives v. WilborneSupreme Court of Alabama · 1844
- M'Rae v. M'LeanSupreme Court of Alabama · 1836
- Kemp v. PorterSupreme Court of Alabama · 1844
3Cited by11 opinions
- Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
- Powell v. ThompsonSupreme Court of Alabama · 1885
- Fleming v. MooreSupreme Court of Alabama · 1925
- Bolling & Son v. Vandiver & Co.Supreme Court of Alabama · 1890
- Scarborough v. MaloneSupreme Court of Alabama · 1880
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