Bamberger, Bloom & Co. v. Voorhees, Miller & Rupel
Supreme Court of Alabama
Appeal from tbe City Court of Decatur, in equity. Heard before tbe Hon. ¥m, H. Simpson. Tbe bill in tbis case was filed on tbe 19tb day of October, 1891, by V oorbees, Miller & Hupei, a mercantile firm doing business in Cincinnati, Obio, as creditors of Isaac Pinkus, lately carrying on a mercantile business at Decatur, Alabama, under the name of I. Pinkus & Co., against Herbert Cartwright, said Pinkus, tbe sheriff of Morgan county, and several other creditors who bad levied…
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Appeal from tbe City Court of Decatur, in equity. Heard before tbe Hon. ¥m, H. Simpson. Tbe bill in tbis case was filed on tbe 19tb day of October, 1891, by V oorbees, Miller & Hupei, a mercantile firm doing business in Cincinnati, Obio, as creditors of Isaac Pinkus, lately carrying on a mercantile business at Decatur, Alabama, under the name of I. Pinkus & Co., against Herbert Cartwright, said Pinkus, tbe sheriff of Morgan county, and several other creditors who bad levied attachments on tbe stock of goods of their said debtor — viz., Bamberger, Bloom & Co., Lowenheim, Seinsbeimer & Kahn,…
1Opinion of the Court
HARALSON, J,
-It is provided by statute in this State, that the levy of an attachment creates a lien in favor of the plaintiff. — Code, § 2957. This lien is incohoate until judgment is obtained in the attachment suit, when it becomes specific and fixed, and dates from the levy of the attachment. The levy places the property in the custody of the law, and the lien it creates can not be divested or overriden by any subsequent lien. When there are writs of attachment subsequent to the first, each differing in date of levy, and all levied on the same property, each subsequent one is levied in…
2Cases cited5 opinions
- Cartwright v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1890
- Mathews v. Mobile Mutual InsuranceSupreme Court of Alabama · 1883
- Stone v. Knickerbocker Life InsuranceSupreme Court of Alabama · 1875
- Adams v. JonesSupreme Court of Alabama · 1880
- Gusdorf & Co. v. Ikelheimer & Co.Supreme Court of Alabama · 1883
3Cited by4 opinions
- Bentley v. BarnesSupreme Court of Alabama · 1908
- Planters & Merchants Bank v. Laucheimer & SonsSupreme Court of Alabama · 1893
- Weingarten Bros. v. MarcusSupreme Court of Alabama · 1898
- Carrera v. del Pilar HnosDistrict Court, D. Puerto Rico · 1916