Cooper & Co. v. Jacobs & Belsinger
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. The appellants in this case, C. J. Cooper & Co., having-obtained a judgment before a justice of the peace against Hayes & Roberts, caused an execution thereon issued to be levied on a barrel of whiskey, as the property of said Hayes & Roberts. A claim to the barrel of whiskey was thereupon interposed by Jacobs & Belsinger, and bond given to try the right of property.
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. The appellants in this case, C. J. Cooper & Co., having-obtained a judgment before a justice of the peace against Hayes & Roberts, caused an execution thereon issued to be levied on a barrel of whiskey, as the property of said Hayes & Roberts. A claim to the barrel of whiskey was thereupon interposed by Jacobs & Belsinger, and bond given to try the right of property. On appeal by .the claimants, the case was removed into the Circuit Court, and an issue was there made up between the parties under the direction of the…
1Opinion of the CourtSomeryille, J.
— The execution issued by the justice of the peace, Hilton, was properly excluded from admission in evidence, being void on its face. It fails to show in whose favor it was issued, and amounted to nothing more than a roving commission to any constable of the county to make a certain sum of money out of the goods and chattels of Hayes and Roberts. The indorsement on the back of the execution was no part of it, and can not be looked to in aid of this fatal defect.
Affirmed.
2Cited by4 opinions
- Collins v. HinesTexas Supreme Court · 1907
- Smith v. BellSupreme Court of Georgia · 1899
- Barrett v. BrownleeSupreme Court of Alabama · 1914
- Jordan Bros. v. GordonAlabama Court of Appeals · 1913