Bradford & Sons v. Bassett
Supreme Court of Alabama
Appeal from Randolph Circuit Court. Heard, before Hon. S. L. Brewer. Action by Joseph Bradford & Son against M. M. Harris. W. D. Bassett filed a statutory claim. Judgment for defendant, and plaintiffs appeal.
Read the full summary
Appeal from Randolph Circuit Court. Heard, before Hon. S. L. Brewer. Action by Joseph Bradford & Son against M. M. Harris. W. D. Bassett filed a statutory claim. Judgment for defendant, and plaintiffs appeal. Joseph Bradford & Son recovered of M. M. Harris a judgment in the justice court of W. C. Rogers, a justice of the peace in and for beat No. 7, and procured execution on said judgment, which was levied by the constable upon certain guano, cotton seed, fodder, and corn, among other things. The appellee filed a claim to the same under the statute, and gave the usual claim bond. The…
1Opinion of the CourtDenson, J.
It is a principle of law well settled by the decisions of this court that a claimant in a claim suit may show that the attachment, execution, or other process is void on its face. — Schamagel v. Whitehurst, 103 Ala. 260, 15 South. 611, and authorities there cited. It is equally as well settled that when a party makes affidavit and gives bond as required by the statute (section 4141 of the Code of 1896), if the process is not void on its face, the party by his claim bond is estopped from inquiring into the validity of the levy. It is true that in the case above cited this language is used:…
2Cases cited5 opinions
- Schamagel v. WhitehurstSupreme Court of Alabama · 1893
- Sloan v. HudsonSupreme Court of Alabama · 1898
- Eldridge v. GriceSupreme Court of Alabama · 1902
- Henderson v. Bank at MontgomerySupreme Court of Alabama · 1847
- Schloss v. Inman, Smith & Co.Supreme Court of Alabama · 1900
3Cited by6 opinions
- Hill v. RentzSupreme Court of Alabama · 1918
- McDonald v. StephensSupreme Court of Alabama · 1920
- Monroe County Growers' Exchange v. HarperAlabama Court of Appeals · 1925
- Bradford v. HarisSupreme Court of Alabama · 1907
- Hill v. RentzSupreme Court of Alabama · 1918
1 more not listed; retrieve them via the Exa API.