Legal Opinion

Roden & Co. v. Brown

Supreme Court of Alabama

Decided November 15, 1893PublishedCited by 5 opinions

Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. On the 4th day of May, 1888, B. F. Roden & Co. recovered a judgment against D. H. Brown in the City court of Birmingham, for the sum of $566.66. On May 10, 1892, the said Roden & Co. sued out a writ of garnishment on said judgment against the Louisville & Nashvill Railroad Co. Upon the garnishee answering, showing its indebtedness to the defendant, the said D. H. Brown, on May 30, 1892, filed his…

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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. On the 4th day of May, 1888, B. F. Roden & Co. recovered a judgment against D. H. Brown in the City court of Birmingham, for the sum of $566.66. On May 10, 1892, the said Roden & Co. sued out a writ of garnishment on said judgment against the Louisville & Nashvill Railroad Co. Upon the garnishee answering, showing its indebtedness to the defendant, the said D. H. Brown, on May 30, 1892, filed his claim of exemptions, which contained the following description of the property claimed as exempt: “The. sum or sums Of,…

1Opinion of the CourtBrickell, C. J.

1. The several motions of the appellants for a judgment against the garnishee, and for judgment against the appellee on the claim of exemption, were properly overruled. If of any force, they, are founded on the erroneous supposition, that the procedure in the present case was governed by section 2525 of the *329Code, when it is governed wholly by section 2533, save so far as that section refers to the former section, as a guide for what the statement or inventory the appellee was required to file should contain. — Tonsmere v. Buckland, 88 Ala. 312. If the statement or inventory incorporated in…

2Cases cited2 opinions

  1. Tonsmere & Craft v. BucklandSupreme Court of Alabama · 1889
  2. Crawford v. Branch Bank at MobileSupreme Court of Alabama · 1845

3Cited by5 opinions

  1. Davis v. Supreme Council of Royal ArcanumMassachusetts Supreme Judicial Court · 1907
  2. Bear v. Swift & Co.Supreme Court of Alabama · 1953
  3. Meyer Bros. Drug Co. v. PuckettSupreme Court of Alabama · 1903
  4. Pullman Palace Car Co. v. HendersonSupreme Court of Alabama · 1897
  5. Stringer v. ElsaasNorth Dakota Supreme Court · 1917

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