First Nat. Bank of Abbeville v. Terry, Briggs Co.
Supreme Court of Alabama
Appeal from Circuit Court, Henry County; H. A. Pearce, Judge. Petition for writ of mandamus by Terry, Briggs & Co. against the Bank of Henry; the First National Bank of Abbeville being substituted as respondent. Fro.m an order awarding the writ, respondent appeals.
1Opinion
On Rehearing.
McCLELLAN, J.
[10-12] The substantive right of the appellee to the fund in question is conceded to be as the foregoing opinion defines it. The two matters now reargued were given due consideration on original review of the appeal. The right of the warrant holders to be paid—in their proper order and according to the preference .established by the contracts. mentioned—out of the special funds pledged to their orderly satisfaction in the manner prescribed in the contracts (a process that consisted with the law in effect at the time and that was observed in the issuance of the…
2Cases cited3 opinions
- Compton v. Marengo County BankSupreme Court of Alabama · 1919
- Parker v. HubbardSupreme Court of Alabama · 1879
- Underwood Typewriter Co. v. Marengo County BankSupreme Court of Alabama · 1919