Branch Bank at Montgomery v. Parker
Supreme Court of Alabama
WitiT of Error to the circuit court of Autauga. This was a trial of the right of property under the statute. In July 1842, a writ of fieri facias previously issued at the suit of the plaintiff in error against Ashley Parker, was levied on sundry slaves, as the property of the defendant therein, to which the defendant in error interposed a claim in the manner prescribed by law.
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WitiT of Error to the circuit court of Autauga. This was a trial of the right of property under the statute. In July 1842, a writ of fieri facias previously issued at the suit of the plaintiff in error against Ashley Parker, was levied on sundry slaves, as the property of the defendant therein, to which the defendant in error interposed a claim in the manner prescribed by law. An issue was made up by the plaintiff’s affirming that the slaves were the property of the defendant in execution, and liable to satisfy the same, and the claimants denying the truth of the affirmation. • Preparatory to…
1Opinion of the CourtCollier, C. J.
By the act of 1837, “ more effectually to provide for discoveries in suits at common law,” it is enacted, «that hereafter any party, plaintiff or defendant in any action at law, pending in any circuit or county court in this State, wishing a discovery from the adverse party, to be used in evidence at the trial of such action, may file written interrogatories to such party and call upon him to answer the same in solemn form on his oath, or affirmation, and if upon such interrogatories being filed, it shall appear to the court by the oath of the partyffiling the same, or otherwise, that answers…
2Cases cited3 opinions
- Ward v. HerndonSupreme Court of Alabama · 1837
- Oden v. StubblefieldSupreme Court of Alabama · 1842
- Hylton v. BrownU.S. Circuit Court for the District of Pennsylvania · 1806
3Cited by11 opinions
- Cook v. ParhamSupreme Court of Alabama · 1853
- Hudson v. Bauer Grocery Co.Supreme Court of Alabama · 1894
- Lawson v. OrearSupreme Court of Alabama · 1845
- Beem v. FarrellSupreme Court of Iowa · 1907
- Sorrelle v. CraigSupreme Court of Alabama · 1846
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