Mann Lumber Co. v. Bailey Iron Works
Supreme Court of Alabama
Appeal from Mobile Circuit' Court. Heard before Hon. Samuel B. Browne. Action by the Bailey Iron Works Company against the Mann Lumber Company, in attachment to enforce a blacksmith’s lien. From a judgment for plaintiff defendant appeals.
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Appeal from Mobile Circuit' Court. Heard before Hon. Samuel B. Browne. Action by the Bailey Iron Works Company against the Mann Lumber Company, in attachment to enforce a blacksmith’s lien. From a judgment for plaintiff defendant appeals. The affidavit was taken before an attorney for the plaintiff and should be stricken. — 21 A. & E. Ency. of Law, 570. The property on which a lien was claimed Avas used in the business of the defendant for the purpose of conducting its business as a common carrier of passengers and freight for hire, which made it a quasi public corporation. — Section 242,…
1Opinion of the CourtTyson, C. J.
The attachment in this case was sued out to enforce a blacksmith’s lien. — Sections 2753 and 2754 of the Code of 1896. . The pleader, in preparing the count of the complaint upon which the trial was had, set out in extenso in it as a bare recital the affidavit *601upon which the writ of attachment was issued. The demurrer to the count and the motion to strike the affidavit from the file challenges the sufficiency of the statement of facts contained in the affidavit, as shown by the count. The incorporation of the affidavit by way of recital in the count did not make it a material averment of the…
2Cases cited17 opinions
- Brown v. CoatsSupreme Court of Alabama · 1876
- Rich v. ThorntonSupreme Court of Alabama · 1881
- Roswald & Stoll v. Hobbie & TeagueSupreme Court of Alabama · 1887
- Hirschfelder v. Levy & Co.Supreme Court of Alabama · 1881
- Drakford v. TurkSupreme Court of Alabama · 1883
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3Cited by9 opinions
- Rhode Island Ins. Co. of Providence, R.I. v. HolleySupreme Court of Alabama · 1933
- Floyd v. PughSupreme Court of Alabama · 1917
- Cooper v. OwenSupreme Court of Alabama · 1935
- Melvin v. ScowleySupreme Court of Alabama · 1925
- Harris v. Town of East BrewtonSupreme Court of Alabama · 1939
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