Weil v. McWhorter
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Henry C. Speaks. On the 28th June, 1888, Isaiah Weil, the appellant, sued out an attachment against Pierce & Orumbacker, for the rent of a storehouse for the year 1888, on the ground that they had fraudulently disposed of their goods.
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Appeal from the Circuit Court of Madison. Tried before the Hon. Henry C. Speaks. On the 28th June, 1888, Isaiah Weil, the appellant, sued out an attachment against Pierce & Orumbacker, for the rent of a storehouse for the year 1888, on the ground that they had fraudulently disposed of their goods. The attachment was levied by the sheriff on the defendant’s stock of goods remain - ing in the storehouse, and also on another quantity of goods’ consisting of paints, oils, varnishes, &c., which had been removed from the storehouse into another building. A claim to the latter goods was thereupon…
1Opinion of the Court
McCLELLAN J.
— We have had occasion in the cases of Ex parte Barnes, 84 Ala. 540, and Abraham v. Nicrosi, 87 Ala. 173, to institute a comparison between the rights and remedies of a landlord existing under the common law of distraint, and his rights and remedies under the Code of 1886 (§§ 3039-3074) providing a lien on the property of the tenant for the rent of storehouses and other buildings. In the case last noted, we held that our statute “must be construed in the light of the common law, and be accorded such operation and effect, not inconsistent with its terms, as was given to the *542landlord…
2Cases cited8 opinions
- Scaife & Co. v. StovallSupreme Court of Alabama · 1880
- Grant v. Whitwell, Marsh & TalbottSupreme Court of Iowa · 1859
- Ex parte BarnesSupreme Court of Alabama · 1887
- Abraham v. NicrosiSupreme Court of Alabama · 1888
- Garner v. CuttingSupreme Court of Iowa · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Leader v. RomanoSupreme Court of Alabama · 1923
- Andrews Manufacturing Co. v. PorterSupreme Court of Alabama · 1895
- Overall v. TaylorSupreme Court of Alabama · 1892
- H. M. Price Hardware Co. v. MeyerSupreme Court of Alabama · 1931
- Seisel & Co. v. Folmar & SonsSupreme Court of Alabama · 1893
10 more not listed; retrieve them via the Exa API.