Kolsky v. Loveman
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Tried before Hon. James B. Head. This was a contest of a claim of exemption to goods levied on under an attachment issued at the instance of Adolph Kolsky against David Loveman. No brief came to the hands of the Reporter. insisted that the plaintiff, after electing to sue for the price of the goods, could not be allowed to allege that tlie defendant had no title to them, citing Grossman v. Rubber Go., 13 L. R. A., 91; Lehman o.
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Appeal from Jefferson Circuit Court. Tried before Hon. James B. Head. This was a contest of a claim of exemption to goods levied on under an attachment issued at the instance of Adolph Kolsky against David Loveman. No brief came to the hands of the Reporter. insisted that the plaintiff, after electing to sue for the price of the goods, could not be allowed to allege that tlie defendant had no title to them, citing Grossman v. Rubber Go., 13 L. R. A., 91; Lehman o. Van Winkle, 92 Ala. 443; Doivdell v. Empire Co., 84 Ala. 316; Hereford v. Davis, 102 M. S. 235; Rhodes v. Smith, 66 Ala. 176;…
1Opinion of the CourtMcCLELLAN, J.
— Kolsky sued out an attachment against Loveman and directed it to be levied on a certain stock of goods. The affidavit upon which the writ issued affirmed that Loveman was indebted to Kolsky in the sum of $1,128.40. After levy the defendant as prescribed by statute claimed *544the property as exempted to him. The plaintiff duly instituted a contest of this claim; and, the defendant having failed to give bond and take possession of the property, the plaintiff executed a bond conditioned for the return of the property to the sheriff “if the plaintiff shall fail in the action,” that is in the…
2Cases cited3 opinions
- Lehman, Durr & Co. v. Van Winkle & Co.Supreme Court of Alabama · 1890
- Field v. LangsdorfSupreme Court of Missouri · 1868
- Moses Bros. v. Noble's Adm'rSupreme Court of Alabama · 1890
3Cited by8 opinions
- Bailey v. Dunlap Mercantile Co.Supreme Court of Alabama · 1903
- Dorrough v. MacKensonSupreme Court of Alabama · 1934
- Robinson v. FerdonSupreme Court of Alabama · 1917
- Murphy v. VaughanSupreme Court of Alabama · 1933
- Boylston v. Rankin & Co.Supreme Court of Alabama · 1896
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