Katzenberg v. Lehman
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before Hon. Jon. Haralson. This was a suit by Solomon Lehman on a promissory note executed to him by Edward Kahn and Alexander Katzenberg, as partners comprising the mercantile firm of Ed.
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Appeal from the City Court of Selma. Tried before Hon. Jon. Haralson. This was a suit by Solomon Lehman on a promissory note executed to him by Edward Kahn and Alexander Katzenberg, as partners comprising the mercantile firm of Ed. Kahn &Co., and was commenced in August, 1884. The note sued on bore date of 30th November, 1878, and became due and payable on 1st November, 1879. Service of the summons and complaint was had on 24th November, 1884, on said Katzenberg, in Wilcox county, with a return of not found as to Kahn, on whom service was never perfected, for reasons hereinafter indicated,…
1Opinion of the CourtClopton, J.
The word householder, as used in the statute defining the qualifications of jurors, has received an adjudged meaning — the occupier of a house, being the head or master, and having and providing for a household. “It implies in its term the idea of a domestic establishment — of the management of a household.” — Aaron v. The State, 37 Ala. 106. We discover nothing to authorize an inference, that the term is used in any other, or more enlarged sense in section 2928 of the Code (1876), providing that no freeholder or householder, having a permanent residence within the State, shall be sued out of…
2Cases cited4 opinions
- Taylor v. KellySupreme Court of Alabama · 1857
- Aaron v. StateSupreme Court of Alabama · 1861
- Allen v. BradfordSupreme Court of Alabama · 1842
- Hudgins v. NixSupreme Court of Alabama · 1846
3Cited by1 opinion
- Berghean v. BergheanIndiana Court of Appeals · 1943