Milam-Morgan Co. v. State
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; William L. Martin, Judge. Proceedings by tbe State of Alabama for tbe condemnation of five hundred sacks ot feed and one hundred and sixty-five sacks of feed with the Milam-Morgan Company as claimant. From the judgment of condemnation, claimant appeals.
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Appeal from Circuit Court, Montgomery County; William L. Martin, Judge. Proceedings by tbe State of Alabama for tbe condemnation of five hundred sacks ot feed and one hundred and sixty-five sacks of feed with the Milam-Morgan Company as claimant. From the judgment of condemnation, claimant appeals. Action was begun by affidavit made by an authorized representative of the Commission of Agriculture and Industries, and on this affidavit writ of seizure was issued and the foodstuff seized. The Milam-Morgan Company propounded its claim. This is all the pleading that appears in the case. The court…
1Opinion of the CourtAnderson, C. J.
This was a proceeding on the part of the state to condemn certain stock food, under the Acts of 1919 (pages 88 and 1069); this appellant having interposed a claim thereto as provided by said statute. The trial court rendered a decree condemning said foodstuff and disallowed the claimant’s claim; hence this appeal.
[1] Section 11 of the Act of 1919, p. 1071, among other things, provides that the cause must be tried as a case in equity and without a jury. This, therefore, being a case in equity, and the trial court having granted the complainant relief, the record must show that it had before it…
2Cases cited4 opinions
- Ex parte BuckleySupreme Court of Alabama · 1875
- Brassell v. BrassellSupreme Court of Alabama · 1921
- Crowder v. Fletcher & Co.Supreme Court of Alabama · 1885
- Ex Parte State Ex Rel. SmithSupreme Court of Alabama · 1919
3Cited by3 opinions
- Blackburn v. MooreSupreme Court of Alabama · 1921
- Lewis v. MartinSupreme Court of Alabama · 1923
- Lewis v. MartinSupreme Court of Alabama · 1923