Terminal Oil Mill Co. v. Planters W. & G. Co.
Supreme Court of Alabama
Appeal from Covington Circuit Court. Heard before Hon. H. A. Pearce. The Planters Warehouse & Gin Company sued the Terminal Oil Mill Company, a foreign corporation, and had attachment levied upon certain goods alleged to belong to the foreign corporation. After proceedings had as indicated in the opinion, there was judgment for plaintiff, and defendant appeals.
1Opinion of the CourtMayfield, J.
Appellant is a foreign corporation. Suit was instituted against it in Alabama, by attaching some cotton seed. The attachment was dissolved, on the ground that the property was in custodia legis at the time of the levy. The defendant, however, had replevied the property before the attachment was dissolved. After the dissolution of the attachment, the defendant filed a plea to the jurisdiction of the court, which plea, on plaintiff’s motion, was stricken on the ground that replevying the property was such an appearance as conferred jurisdiction and authorized a personal judgment.
In this ruling…
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