Weinstein v. Yielding Bros. & Co.
Supreme Court of Alabama
Appeal from Bessemer City Court. Heard before Hon. .William Jackson. Attachment by Yielding Bros & Co., against S-. L. Weinstein. Judgment for plaintiffs, and defendant appeals. Attachment for claim for goods sold levied upon certain personal property as the property of Weinstein. It seems that the defendant had already filed the claim ■of exemptions to the property levied on, in the probate office prior to the levy of attachment.
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Appeal from Bessemer City Court. Heard before Hon. .William Jackson. Attachment by Yielding Bros & Co., against S-. L. Weinstein. Judgment for plaintiffs, and defendant appeals. Attachment for claim for goods sold levied upon certain personal property as the property of Weinstein. It seems that the defendant had already filed the claim ■of exemptions to the property levied on, in the probate office prior to the levy of attachment. Following the levy of attachment, the plaintiffs required of the defendant to file in the city court of Bessemer duly verified by affidavit, a full and complete…
1Opinion of the CourtAnderson, J.
The purpose of allowing the plaintiff to demand an inventory of the defendant, upon the contest of a claim of exemptions, is to prevent the defendant, while claiming the property levied upon as exempt, from secreting other' personal property, money, or choses in action subject to his debts, and which may be reached by appropriate legal process. — Decatur Co. v. Deford, 93 Ala. 347, 9 South. 454. If the defendant has no personal property, money, choses in action, etc., other than what has been levied upon, he can file no inventory, and, when he meets the demand of the plaintiff by a sworn…
2Cases cited1 opinion
- Decatur Mercantile Co. v. DefordSupreme Court of Alabama · 1890
3Cited by1 opinion
- Johnson v. Huntsville Gro. Co.Alabama Court of Appeals · 1914