Blackman v. Moore-Handley Hardware Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. John R. Tyson. This was a proceeding under a contest of a claim of homestead exemption, which was instituted by the appellant,. G. W. Blackman, upon the levy of an execution, issued upon a judgment recovered by the appellee, the Moore-Handley Hardware Company against G. W. Blackman and T. G. Blackman, Jr., composing the firm of Blackman & Son.
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Appeal from the Circuit Court of Dale. Tried before the Hon. John R. Tyson. This was a proceeding under a contest of a claim of homestead exemption, which was instituted by the appellant,. G. W. Blackman, upon the levy of an execution, issued upon a judgment recovered by the appellee, the Moore-Handley Hardware Company against G. W. Blackman and T. G. Blackman, Jr., composing the firm of Blackman & Son. On the hearing of the contest, the claimant moved the court to quash the execution, and dismiss the levy, because there was no judgment against the claimant individually ; and offered the…
1Opinion of the CourtHaralson, J.
— 1. The summons is against “G. W. Blackman and T. G. Blackman, Jr., a former pai'tnex1ship doing business under the firm name of Blackman & Son.” The complaint, in its caption, is against “Blackman & Son, a firm composed of G. W. Blackman *461and T. G. Blackman, Jr.,” and in its body, makes claim of the defendants. The summons and complaint were returned by the sheriff as executed onG.W. Blackman and T. G. Blackman, Jr. The judgment entry, with the same caption as the complaint, recites a recovery against the defendants ; and the execution issued on said judgment is against G. W. Blackman anclT.…
2Cases cited3 opinions
- Fuller v. WhitlockSupreme Court of Alabama · 1892
- Baldridge v. EasonSupreme Court of Alabama · 1892
- Pollak v. CaldwellSupreme Court of Alabama · 1891
3Cited by12 opinions
- Bryant v. Southern Railway Co.Supreme Court of Alabama · 1902
- Bland v. PutmanSupreme Court of Alabama · 1902
- Kyser v. HertzlerSupreme Court of Alabama · 1914
- McKissack v. Witz, Biedler Co.Supreme Court of Alabama · 1898
- Adams v. BibbySupreme Court of Alabama · 1915
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