Fontaine v. Beers
Supreme Court of Alabama
ERROR to the Circuit Court of Mobile. Tried before the Hon. John Bragg. Beers & Smith sued out an cillary attachment against George H. Johnson, which was levied,.on the 12th June, 1840, on the Brig Republic, then lying at the wharf in Mobile. A claim was interposed by Fontaine & Dent, and bond given to try the right of property.
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ERROR to the Circuit Court of Mobile. Tried before the Hon. John Bragg. Beers & Smith sued out an cillary attachment against George H. Johnson, which was levied,.on the 12th June, 1840, on the Brig Republic, then lying at the wharf in Mobile. A claim was interposed by Fontaine & Dent, and bond given to try the right of property. The parties proceeded to trial upon the issue whether the Brig, at the date of the levy, was subject to the attachment, A bill of exceptions, which was sealed on the trial, discloses the following state of facts. Previous to February, 1849, the Brig- belonged to Heirn…
1Opinion of the Court
GHIDTON, Ji
1. The first exception, ,on the part of the claimants, was to-the admission in evidence.of the declarations of Beverly; .made to the officer who levied the attachment upon the ■ Brig,.at,the time.of the levy. Said Beverly, upon being asked: by tha-officer. if:'the captain was on board, replied, “that the• captaimwas -notion ¡hoard, ¡but. that.he (Beverly) was mate of the *728Brig; that the Brig belonged to George II. Johnson; that 'he held possession of the Brig for said Johnson, and was employed by Aim.” The bill of exceptions states that <c the claimants moved the court to exclude…
2Cases cited7 opinions
- Taggard v. LoringMassachusetts Supreme Judicial Court · 1820
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Borland v. WalkerSupreme Court of Alabama · 1845
- Champlin v. ButlerNew York Supreme Court · 1820
- Magee v. CarpenterSupreme Court of Alabama · 1842
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- Kirkland v. TrottSupreme Court of Alabama · 1880
- Parker Mills v. JacotThe Superior Court of New York City · 1861
- Scudder v. Calais Steamboat Co.U.S. Circuit Court for the District of Maine · 1860
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