Wheeles v. New York Steam Dye Works
Supreme Court of Alabama
Apiucal from the City Court of Birmingham. Tried before the Hon. Charles A. Sexx. This appeal is táken from a judgment by default rendered under the following circumstances: In February, 189(5, the appellees, A. I). Uatcliel and others, being partners under the firm name1 of The New York Steam Dye Works, sued out an attachment against appellant, W. H. Wheeles, before a justice of the peace of Jefferson county, for thirty-seven and 51-100 dollars.
Read the full summary
Apiucal from the City Court of Birmingham. Tried before the Hon. Charles A. Sexx. This appeal is táken from a judgment by default rendered under the following circumstances: In February, 189(5, the appellees, A. I). Uatcliel and others, being partners under the firm name1 of The New York Steam Dye Works, sued out an attachment against appellant, W. H. Wheeles, before a justice of the peace of Jefferson county, for thirty-seven and 51-100 dollars. The writ was levied on 'certain chattels, all'of which were claimed by' one Z. I). Fráziér,' who made an affidavit of claim and a claim bond as…
1Opinion of the CourtHaralson, J.
When the claimant appealed to the city court from the judgment rendered in the justice of the peace court, this appeal had the effect to annul that judgment, and to transfer the cause, between the plaintiff and himself, from the justice’s court into the city court. On the trial of the right of property the claimant’s light to it as set up must always be tried first, before a judgment can properly be rendered against the defendant.—3 Brick. Dig., 591, § 42; Abraham v. Nicrosi, 87 Ala. 173.
A claim suit is not an independent suit,, in the sense that it may, in the first instance, be inaugurated…
2Cases cited5 opinions
- Jackson v. BainSupreme Court of Alabama · 1883
- Abraham v. NicrosiSupreme Court of Alabama · 1888
- Gray v. RaibornSupreme Court of Alabama · 1875
- Cofer v. ReinschmidtSupreme Court of Alabama · 1898
- Beene v. Cahawba & Marion Rail RaodSupreme Court of Alabama · 1842
3Cited by3 opinions
- Cooper v. OwenSupreme Court of Alabama · 1935
- Morris v. McDermottSupreme Court of Alabama · 1932
- Monroe County Growers' Exchange v. HarperAlabama Court of Appeals · 1925