Smith & Co. v. Barker
Supreme Court of Alabama
Appeal from the City Court of Decatur. Tried before the Hon. W. H. Simpson. On January 2,1891, Joe Barker made affidavit, and had an attachment issued out of a justice of the peace court against the Decatur Grocery Company.
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Appeal from the City Court of Decatur. Tried before the Hon. W. H. Simpson. On January 2,1891, Joe Barker made affidavit, and had an attachment issued out of a justice of the peace court against the Decatur Grocery Company. This writ of attachment was levied on several boxes of oranges, on January 2, 1891. Upon the return of the writ, it being shown to the justice of the peace before whom the attachment was sued out that the property levied on was perishable, it was ordered by said justice of the peace, that the same be sold, and the proceeds delivered to the court. After the sale of the…
1Opinion of the CourtHead, J.
We are unable to see that the claimants have any just claim to the oranges levied on in this case. The bill of exceptions show that they shipped the oranges, from Anthony, Fla., to the Decatur Grocery Company, in Decatur, Ala., by rail, to whom they had sold them “on commission only.” The goods were levied upon under attachment against' the Grocery Company, in favor of plaintiff, while they were in possession of the carrier, in Decatur, consigned to the Grocery Company. This made out aprima facie case of title in 'the Grocery Company, which it devolved on the claimants to overcome. They claim…
2Cases cited1 opinion
- Brother & Brother v. Peters & BrotherSupreme Court of Alabama · 1879
3Cited by1 opinion
- Bayonne Knife Co. v. UmbenHauerSupreme Court of Alabama · 1894