Leinkauff & Strauss v. Munter
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. The appellants in this case recovered a judgment in said Circuit Court, on the 13th June, 1879, against M. Munter & Brother, described as “ a late partnership composed of Marcus Munter and Solomon Munter;” and an execution on this judgment, which was issued on the 10th October, 1883, and commanded the sheriff to make the money out of “the goods and chattels, lands and tenements of Marcus…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. The appellants in this case recovered a judgment in said Circuit Court, on the 13th June, 1879, against M. Munter & Brother, described as “ a late partnership composed of Marcus Munter and Solomon Munter;” and an execution on this judgment, which was issued on the 10th October, 1883, and commanded the sheriff to make the money out of “the goods and chattels, lands and tenements of Marcus Munter and Solomon Munter, composing the firm of M. Munter & Brother,” was levied by him, on the 15th October, on a stock of…
1Opinion of the CourtStone, C. J.
— The merchandise in controversy was levied on under execution in favor of Leinkauff & Strauss, against M. Munter & Brother, composed of Marcus Munter and Solomon Munter. The mandate of the writ was, that the sum of the judgment should be made of the goods and chattels, lands and tenements of the defendants; and only property which belonged to the Arm, or to one of its members, could be seized under it. The levy itself was an admission and assertion by the plaintiffs, that the merchandise seized belonged either to the firm, or to one of the partners. That fact being the very foundation on…
2Cited by14 opinions
- Scharfenburg v. Town of New DecaturSupreme Court of Alabama · 1908
- Lindsay v. CooperSupreme Court of Alabama · 1891
- Cosby v. MooreSupreme Court of Alabama · 1953
- Western Grain Company CasesSupreme Court of Alabama · 1955
- Dollins & Adams v. Pollock & Co.Supreme Court of Alabama · 1889
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