Dollins & Adams v. Pollock & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Marengo. Tried before the Hon. ¥m. E. Clarke. This was a statutory claim suit, or trial of the right of property in and to a stock of goods, between J. Pollock & Co., plaintiffs in attachment against Price Brothers, and A. J. Dollins and Mrs. M. P. Adams as claimauts.
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Appeal from the Circuit Court of Marengo. Tried before the Hon. ¥m. E. Clarke. This was a statutory claim suit, or trial of the right of property in and to a stock of goods, between J. Pollock & Co., plaintiffs in attachment against Price Brothers, and A. J. Dollins and Mrs. M. P. Adams as claimauts. The plaintiffs’ attachment was levied on the goods on the 4th January, 1889, while the claimants asserted title under a purchase from said Price Brothers, as evidenced by a bill of sale which was dated December 29th, 1888. The attachment was sued out on the ground that Price Brothers had…
1Opinion of the CourtStone, C. J.
Pollock & Co. sued out an attachment against Price Brothers, which was levied on a stock of merchandise. Dollins and Mrs. Adams as partners, claiming to be purchasers from Price Brothers, interposed a claim to the merchandise, executed a' claim bond, and inaugurated what is known in our jurisprudence as a trial of the right of property — a statutory proceeding which answers the purpose of an action of trespass against the sheriff, when it is complained that under process against one he has levied on the personal goods of another. The issue of merit in such trial is formed by an allegation on…
2Cases cited28 opinions
- Crawford v. KirkseySupreme Court of Alabama · 1876
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Hubbard v. AllenSupreme Court of Alabama · 1877
- Thames & Co. v. Rembert's Adm'rSupreme Court of Alabama · 1879
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
23 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Bailey v. Dunlap Mercantile Co.Supreme Court of Alabama · 1903
- Head v. Henry Tyler Const. Corp.Supreme Court of Alabama · 1988
- Bolling v. SpellerSupreme Court of Alabama · 1892
- McDonald v. StephensSupreme Court of Alabama · 1920
- First National Bank v. SmithSupreme Court of Alabama · 1890
12 more not listed; retrieve them via the Exa API.