Cooper & Co. v. Davis
Supreme Court of Alabama
Appeal from the City Court of Anniston. Tried before the Hon. W. E. Johnston. cited Munter v. Leinkauf & Strauss, 78 Ala. 546; Powellv. Rankin & Co., 80 Ala. 316; Cooper v. Peck & Clark, 22 Ala. 406. cited Roswald & Stoll v. Hobbie & Teague, 85 Ala. 73; Rhodes v. Smith, 66 Ala. 174; Henderson v. Henderson, 66 Ala. 556.'
1Opinion of the CourtClopton, J.
This proceeding is a motion to quash an execution issued against the makers of a claim bond, on the ground that the bond was improperly indorsed and returned ‘ ‘forfeited.” The motion was submitted to the City Court on an agreed statement of facts, which are: An execution in favor of appellants was levied by the constable on certain property. Mrs. L. A. Davis made an affidavit, that she had *570a just title to tbe property, and a claim bond, wbicb was accepted by tbe constable. On a trial of tbe claim suit before a justice of tbe peace, tbe property was found subject to plaintiffs’ judgment. Tbe…
2Cases cited4 opinions
- Roswald & Stoll v. Hobbie & TeagueSupreme Court of Alabama · 1887
- Rhodes & Broadfoot v. SmithSupreme Court of Alabama · 1880
- Woolfolk v. IngramSupreme Court of Alabama · 1875
- Cooper v. PeckSupreme Court of Alabama · 1853
3Cited by3 opinions
- Garrett v. CobbSupreme Court of Alabama · 1916
- Jaffe v. LeathermanSupreme Court of Alabama · 1933
- Holcombe v. De SassietSupreme Court of Alabama · 1951