Abraham v. Nicrosi
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This action was brought by P. M. Nicrosi against Jacob Abraham, and was commenced by attachment sued out on the 10th January, 1887. The cause of action was the defendant’s promissory note for $225, which was dated July 30th, 1885, payable on the 1st July, 1886, and given for one month’s rent of a store-house in the city of Montgomery; and the attachment was levied on the stock of goods in the…
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Appeal from the City Court of Montgomery. Tried before the Hon. Thos. M. Arrington. This action was brought by P. M. Nicrosi against Jacob Abraham, and was commenced by attachment sued out on the 10th January, 1887. The cause of action was the defendant’s promissory note for $225, which was dated July 30th, 1885, payable on the 1st July, 1886, and given for one month’s rent of a store-house in the city of Montgomery; and the attachment was levied on the stock of goods in the store-house on the day the attachment was sued out, to which a statutory claim was thereupon interposed by David…
1Opinion of the CourtMcCLELLAN, J.
The act of February 23, 1883, as amended by the act of February 17, 1885 (now constituting sections 3069-3074 of the Code), giving to “landlords of store-houses, dwelling-houses and other buildings, a lien on the goods of their tenants for rents,” must be construed in the light of the common law, and be accorded such operation and effect, not inconsistent with its terms, as was given to the landlord’s remedy under the old law of distress. The main points of difference between the statutory and common-law systems are, that the former substitutes the process of courts for the personal distraint…
2Cases cited4 opinions
- Ex parte BarnesSupreme Court of Alabama · 1887
- Hooper v. EdwardsSupreme Court of Alabama · 1854
- Moore v. DickersonSupreme Court of Alabama · 1870
- Harmon Bros. v. JenksSupreme Court of Alabama · 1887
3Cited by18 opinions
- Cooper v. OwenSupreme Court of Alabama · 1935
- Weil v. McWhorterSupreme Court of Alabama · 1891
- Andrews Manufacturing Co. v. PorterSupreme Court of Alabama · 1895
- Cofer v. ReinschmidtSupreme Court of Alabama · 1898
- Sloan v. HudsonSupreme Court of Alabama · 1898
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