Emrich v. Gilbert Manufacturing Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. ' Tried before the Hon. William S. Anderson. The appellee, the Gilbert Manufacturing Company, recovered against the appellant, John Philip Emrich, a judgment in the Mobile circuit court for $373.50 and costs, on June 21,1898. On June 28th, 1898, a certificate of the judgment ivas filed and registered in the office of the judge of probate of said county, in accordance with section 1920 of the Code of 1896. At that date the defendant,…
Read the full summary
Appeal from the Circuit Court of Mobile. ' Tried before the Hon. William S. Anderson. The appellee, the Gilbert Manufacturing Company, recovered against the appellant, John Philip Emrich, a judgment in the Mobile circuit court for $373.50 and costs, on June 21,1898. On June 28th, 1898, a certificate of the judgment ivas filed and registered in the office of the judge of probate of said county, in accordance with section 1920 of the Code of 1896. At that date the defendant, J. P. Emrich, Lula Emrich Gillingham and Emma Emrich Schumacher owned jointly and equally as tenants in common, three…
1Opinion of the CourtTyson, J.
The affidavit of contest of claim of homestead exemptions, in this case, is conceded byr appellant’s counsel to contain one unassailable ground. The demurrer and motion inteiposed to it challenges it in iis entirely. Each was, therefore, properl j overruled.
The insistence that defendant’s motion to quash the levy of the execution should have been granted for want of diligence on the part of the contestant in the prosecution of the contest of the claim of exemptions is not sustained byr the record. The affidavit of contest was filed •r time, ami the cause was tried at the first term of the…
2Cases cited4 opinions
- Hundley v. YongeSupreme Court of Alabama · 1881
- Howard v. CoreySupreme Court of Alabama · 1899
- Beckert v. WhitlockSupreme Court of Alabama · 1887
- Marx v. ThreetSupreme Court of Alabama · 1901
3Cited by4 opinions
- Town of Athens v. MillerSupreme Court of Alabama · 1914
- W. T. Rawleigh Co. v. PattersonSupreme Court of Alabama · 1940
- Davidson v. RichardsonOregon Supreme Court · 1907
- Greer v. Altoona Warehouse Co.Supreme Court of Alabama · 1945