Moses, Blum & Weil v. Dunham, Buckley & Co.
Supreme Court of Alabama
Appeal from the City Oourt of Montgomery. Tried before Hon. ThoMAs M. Arrington. This was a contest between Dunham, Buckley & Co. and the Phoenix Manufacturing Company, a corporation, attaching creditors of Baum & Kullman, the appellees, and Moses, Blum & Weil, and others, judgment creditors of Baum & Kullman, the appellants, over a fund in the hands of the sheriff of Montgomery county, which was realized from a sale of a stock of goods, wares and merchandise, on which he…
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Appeal from the City Oourt of Montgomery. Tried before Hon. ThoMAs M. Arrington. This was a contest between Dunham, Buckley & Co. and the Phoenix Manufacturing Company, a corporation, attaching creditors of Baum & Kullman, the appellees, and Moses, Blum & Weil, and others, judgment creditors of Baum & Kullman, the appellants, over a fund in the hands of the sheriff of Montgomery county, which was realized from a sale of a stock of goods, wares and merchandise, on which he had levied the two attachments in favor of the appellees, and also executions issued on the several judgments in favor of…
1Opinion of the CourtStone, J.
On the trial in the court below a charge was asked by appellants, the charge refused, and an exception reserved. No mention is made of that exception in the argu-merits of counsel, and we suppose it is not insisted on. The vice of the charge is, that it sought to have the jury perforin a service which the court alone was competent to perform. The only questions for our consideration arise on the admission of testimony offered by plaintiffs below, and objected to by defendants — appellants in this'court. The record does not purport to set out all the evidence, but only enough to raise the…
2Cases cited15 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Pickett v. PipkinSupreme Court of Alabama · 1879
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Wells v. MorrowSupreme Court of Alabama · 1861
- Abney v. Kingsland & Co.Supreme Court of Alabama · 1846
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3Cited by2 opinions
- Shealy v. EdwardsSupreme Court of Alabama · 1883
- Hoyt & Bros. v. Turner & OatesSupreme Court of Alabama · 1887