Planters' & Merchants' Bank of Mobile v. Willis
Supreme Court of Alabama
Writ of Error to the County Court of Lowndes. .The plaintiff in error recovered a judgment against Robert Lowe and others, in the circuit court of Mobile, and caused a fieri facias to be issued thereon and placed in the hands of the sheriff of Lowndes, which among other slaves, was on the 15th June, 1842, levied on the following, as the property of Lowe, viz: Jack, Chapman, Tom, Susan, Lucy, and Caesar.
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Writ of Error to the County Court of Lowndes. .The plaintiff in error recovered a judgment against Robert Lowe and others, in the circuit court of Mobile, and caused a fieri facias to be issued thereon and placed in the hands of the sheriff of Lowndes, which among other slaves, was on the 15th June, 1842, levied on the following, as the property of Lowe, viz: Jack, Chapman, Tom, Susan, Lucy, and Caesar. These slaves were claimed by Mitchell G. Hardy, as the agent of the defendants in error, and bond given to try the right according to the statute. In framing the issue, the parties could not…
1Opinion of the CourtCollier, C. J.
When a claim to property, levied on by execution, is interposed in the manner prescribed by the statute, the court before which it shall be pend.ng, is directed to require the parties to make up an issue under such rules as it may pre scribe, for the trial of the question of right. [Aik. D.g. 167-8.] Th'e form of the issue, is a matter within the sound discretion of the court, and is not ascertained by- any certain rules; consequently the affirmations and denials of the parties preparatory to a trial by jury, are not the appropriate subjects of a demurrer. If the parties cannot agree, the…
2Cases cited5 opinions
- Bissell v. HopkinsNew York Supreme Court · 1824
- Patten v. SmithSupreme Court of Connecticut · 1823
- Chambers v. MauldinSupreme Court of Alabama · 1842
- Pope v. LewisSupreme Court of Alabama · 1842
- Williams v. JonesSupreme Court of Alabama · 1841
3Cited by28 opinions
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- Morrow v. Turney's Adm'rSupreme Court of Alabama · 1859
- Scarborough v. ReynoldsSupreme Court of Alabama · 1847
- Steed v. KnowlesSupreme Court of Alabama · 1892
- Marriott v. GivensSupreme Court of Alabama · 1845
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