Commercial Savings Bank & Trust Co. v. A. Z. Bailey Grocery Co.
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Action by the Commercial Savings, Bank & Trust Company against the A. Z. Bailey Grocery Company and others, in which I-I. C. Schrader Company was interpleaded. From order striking plea of interpleader and discharging the H. C. Schrader Company, the Commercial Savings Bank & Trust Company appeals. On motion to dismiss appeal.
1Opinion of the CourtBrown, P. J.
This case was’ before this court at a former terra on the appeal of the H. C. Schrader Company from a final judgment against it, and on that appeal it was held that the affidavit or plea of interpleader filed - by the original defendant, the appellee here, on its face did not make a case for interpleader, and the judgment of the trial court was reversed and the cause remanded. H. C. Schrader Co. v. A. Z. Bailey Grocery Co., 15 Ala. App. 647, 74 South. 749; Ex parte A. Z. Bailey Grocery Co., 201 Ala. 79, 77 South. 373.
[1] The effect of that judgment of reversal was to set aside and annul the…
2Cases cited2 opinions
- H. C. Schrader Co. v. A. Z. Bailey Groc. Co.Alabama Court of Appeals · 1917
- Ex Parte A. Z. Bailey Grocery Co.Supreme Court of Alabama · 1917
3Cited by1 opinion
- A. Z. Bailey Grocery Co. v. Commercial Savings Bank & Trust Co.Alabama Court of Appeals · 1919