McKleroy v. Cantey
Supreme Court of Alabama
Appeal from tbe City Court of Anniston. Tried before tbe Hon. B. F. Cassadx. Attachment by John M. McKleroy, as landlord, against Cantey & Randolph, Ms tenants, for the rent of a storehouse in Anniston, on the ground that the tenants had made an assignment for the benefit of their creditors; and garnishment against A. P. Agee, the assignee. The court discharged the garnishee on his answer, and this judgment, to which the plaintiff excepted, is here assigned as error.
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Appeal from tbe City Court of Anniston. Tried before tbe Hon. B. F. Cassadx. Attachment by John M. McKleroy, as landlord, against Cantey & Randolph, Ms tenants, for the rent of a storehouse in Anniston, on the ground that the tenants had made an assignment for the benefit of their creditors; and garnishment against A. P. Agee, the assignee. The court discharged the garnishee on his answer, and this judgment, to which the plaintiff excepted, is here assigned as error. The opinion states the material facts. cited Code, §§ 3069-70; Lomax v. Le Grand, 60 Ala. 537; Ex parte Barnes, 84 Ala. 542;…
1Opinion of the CourtColeman, J.
The defendants, Cantey & Randolph, merchants doing business in Anniston, were indebted to plaintiff for rent of the storehouse in which they conducted their mercantile business. On the 4th of April, 1891, as appears from the answer of the garnishee, the defendants made a general assignment to A. P. Agee, “for the benefit of their creditors, of all their notes, accounts, office furniture, and all effects then unsold, which goods, furniture and effects, were at the time of the assignment in the building in which they were doing business, and for which defendants owed rent.” On the 17th of…
2Cases cited6 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Ex parte BarnesSupreme Court of Alabama · 1887
- Abraham v. NicrosiSupreme Court of Alabama · 1888
- Thompson v. MerrimanSupreme Court of Alabama · 1849
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Johnson v. OlsonSupreme Court of Kansas · 1914
- Smith v. HuddlestonSupreme Court of Alabama · 1893
- In re Southern Hardware & Supply Co.District Court, S.D. Alabama · 1913
- State Ex Rel. Mueller v. Probate CourtSupreme Court of Minnesota · 1948