Legal Opinion

Bayonne Knife Co. v. UmbenHauer

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 13 opinions

Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. The appeal in this case is prosecuted by the appellant, who was claimant in a statutory trial of the right of property, in which the appellee was plaintiff, from a judgment by the trial court in favor of the plaintiff. The facts of the case are sufficiently stated in the opinion.

1Opinion of the CourtColeman, J.

The appellee, Umbenliauer, sued out an attachment which was levied upon certain goods as the property of S. Kaufman, the defendant in the attachment suit. The Bayonne Knife Company interposed a claim to the property, and an issue was made up under the direction of the court for the trial of the right of property. The court tried the case without the intervention of a jury and found the issue for the plaintiff. When the court, without a jury, determines the issue, the rule is, that if there are no errors in the exclusion of evidence, and the legal evidence received authorized the conclusion,…

2Cases cited5 opinions

  1. Hoskins v. HightSupreme Court of Alabama · 1891
  2. Brother & Brother v. Peters & BrotherSupreme Court of Alabama · 1879
  3. International Building & Loan Ass'n v. AbbottTexas Supreme Court · 1892
  4. Baker v. BoonSupreme Court of Alabama · 1892
  5. Smith & Co. v. BarkerSupreme Court of Alabama · 1893

3Cited by13 opinions

  1. Hobbs v. SmithSupreme Court of Oklahoma · 1911
  2. Fries v. Acme White Lead & Color WorksSupreme Court of Alabama · 1918
  3. First National Bank v. ChaffinSupreme Court of Alabama · 1897
  4. Mutual Building & Loan Ass'n v. WatsonSupreme Court of Alabama · 1933
  5. McCants v. ThompsonSupreme Court of Oklahoma · 1911

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