Nordlinger v. Gordon
Supreme Court of Alabama
Appeal from tbe Circuit Court of Perry. Tried before the Hon. S. "W. JoHN, an attorney of the court, selected by the parties on account of the disqualification of the presiding judge. This was a statutory trial of the right of property in and to three bales of cotton, between F. J. Gordon, plaintiff in attachment against Ivey Fuller, and A. S. Nordlinger as claimant. The plaintiff’s attachment was issued by E. w.
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Appeal from tbe Circuit Court of Perry. Tried before the Hon. S. "W. JoHN, an attorney of the court, selected by the parties on account of the disqualification of the presiding judge. This was a statutory trial of the right of property in and to three bales of cotton, between F. J. Gordon, plaintiff in attachment against Ivey Fuller, and A. S. Nordlinger as claimant. The plaintiff’s attachment was issued by E. w. Nicolson, a notary public, and ex officio justice of the peace, and was returnable to the Circuit Court. The claimant moved to dissolve the attachment, on the ground that it was void…
1Opinion of the CourtBeickell, C. J.
The claimant, in a trial of the right of property, can not take advantage of defects or irregularities in the process levied on the property which render it merely voidable. These are available only to the defendant in the process, upon some direct proceeding for its vacation or abatement, and are not subject to be inquired into collaterally, either by a party or a stranger to the process. But, if the process is on its face void, not authorizing the seizure of the property, the claimant is entitled to take advantage of its invalidity.—Brown v. Hurt, 31 Ala. 146; Matthews v. Sands, 29 Ala.…
2Cases cited4 opinions
- Matthews, Finley & Co. v. Sands & Co.Supreme Court of Alabama · 1856
- Stevenson v. O'HaraSupreme Court of Alabama · 1855
- Vann & Waugh v. Adams, Thorne & Co.Supreme Court of Alabama · 1882
- Brown, Toler & Phillips v. Hurt & Bro.Supreme Court of Alabama · 1857
3Cited by8 opinions
- Hamburg v. O. P. Wood & Co.Texas Supreme Court · 1886
- Millitello v. B. F. Roden Grocery Co.Supreme Court of Alabama · 1914
- Schamagel v. WhitehurstSupreme Court of Alabama · 1893
- McDonald v. StephensSupreme Court of Alabama · 1920
- Johnson v. Whitfield & PinckardSupreme Court of Alabama · 1899
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