Pulliam, Wills, Rankin & Co. v. Newberry's Administrator
Supreme Court of Alabama
Appeal from tbe Circuit Court of Pike. Tried before the Hon. H. D. Clayton. This was a statutory trial of tbe right of property in and to a stock of goods, on wbicb an attachment bad been levied, at tbe suit of tbe appellants, as tbe property of J. A. Newberry & Brother, and to wbicb a claim bad been interposed, under tbe statute, by Joseph C. Newberry, who was tbe father of tbe defendants in attachment; and tbe claimant having died pending tbe suit, it was revived in tbe…
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Appeal from tbe Circuit Court of Pike. Tried before the Hon. H. D. Clayton. This was a statutory trial of tbe right of property in and to a stock of goods, on wbicb an attachment bad been levied, at tbe suit of tbe appellants, as tbe property of J. A. Newberry & Brother, and to wbicb a claim bad been interposed, under tbe statute, by Joseph C. Newberry, who was tbe father of tbe defendants in attachment; and tbe claimant having died pending tbe suit, it was revived in tbe name of bis administrator. Tbe trial was bad at tbe September term, 1866, when tbe following bill of exceptions was…
1Opinion of the CourtA. J. Walker, C. J.
The declarations and conduct of the defendants in attachment, proved by the sheriff, transpired after the transfer to the claimant, and after the levy, and did not accompany, qualify, or explain any material fact in the case; and the claimant can not be affected by them. The court, therefore, committed no error in excluding them.
2. There was no error in the admission of the evidence of Hybert. Its tendency was to establish the sale of the stock of goods to the claimant, a material fact in the case; and it therefore could not be obnoxious to the objection of being mere declarations of the…
2Cases cited18 opinions
- Borland v. MayoSupreme Court of Alabama · 1845
- Butler v. O'BrienSupreme Court of Alabama · 1843
- Huggins v. PerrineSupreme Court of Alabama · 1857
- Rives, Battle & Co. v. Walthall's Ex'rsSupreme Court of Alabama · 1862
- Taliaferro v. LaneSupreme Court of Alabama · 1853
13 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Smith v. Collins & GriffithSupreme Court of Alabama · 1891
- Reynolds v. WelchSupreme Court of Alabama · 1872
- Dryer v. AbercrombieSupreme Court of Alabama · 1877
- Moore, Marsh & Co. v. Penn & Co.Supreme Court of Alabama · 1891
8 more not listed; retrieve them via the Exa API.