Legal Opinion

Lewis v. Bank of Mobile

Supreme Court of Alabama

Decided December 2, 1920No. 1 Div. 149PublishedCited by 2 opinions

Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by James A. Lewis against the Auto Service Company for unpaid rent, with attachment levied upon one Saxon automobile, with claim thereto by the Bank of Mobile. Judgment for claimant, and plaintiff appeals. Transferred from Court of Appeals under Laws 1911, p. 449, § 6. On May 24, 1916, Lewis procured an attachment against the property of the Auto Service Company on account of unpaid rent.

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Appeal from Circuit Court, Mobile County; Saffold Berney, Judge. Action by James A. Lewis against the Auto Service Company for unpaid rent, with attachment levied upon one Saxon automobile, with claim thereto by the Bank of Mobile. Judgment for claimant, and plaintiff appeals. Transferred from Court of Appeals under Laws 1911, p. 449, § 6. On May 24, 1916, Lewis procured an attachment against the property of the Auto Service Company on account of unpaid rent. On May 31 the sheriff executed the writ by levying upon a Saxon automobile. On the same day that the attachment was levied the Bank of…

1Opinion of the CourtBrown, J.

The former appeal was from an order of the circuit court setting aside a judgment in favor of the claimant, the Bank of Mobile, and granting a new trial. Bank of Mobile v. Lewis, 16 Ala. Apj). 605, 80 South. 179. This order was affirmed, and on the subsequent trial of the case judgment was again rendered for the claimant, and from that judgment this appeal is prosecuted.

The questions decisive of the case now presented do not appear to have been presented on the former appeal, and, if so, they were not considered or treated by the Court of Appeals in disposing of the case.

This is a trial of…

2Cases cited12 opinions

  1. Manchuria S. S. Co. v. Harry G. G. Donald & Co.Supreme Court of Alabama · 1917
  2. American Pig Iron Storage Warrant Co. v. GermanSupreme Court of Alabama · 1899
  3. Adkins v. BynumSupreme Court of Alabama · 1895
  4. Christian & Craft Grocery Co. v. Michael & LyonsSupreme Court of Alabama · 1898
  5. Stephens v. Regenstein & Co.Supreme Court of Alabama · 1889

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3Cited by2 opinions

  1. Bailes v. First National Bank of MobileSupreme Court of Alabama · 1973
  2. Prestwood v. GanttAlabama Court of Appeals · 1935

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