Del Barco v. Branch Bank at Mobile
Supreme Court of Alabama
Writ of Error to the Circuit Court of Mobile. Claim interposed by Del Barco to certain property levied on by a fi. fa. at the suit of the bank, against ffm. A. Hard-away. The issue found in the transcript, is the allegation by the bank that the property was subject to the levy, to which “ the claimant, R. A. Hardaway, for plea says that the property is not subject to the execution.” The judgment entry is entitled The Branch Bank of the. State of Alabama at Mobile v. ffm.
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Writ of Error to the Circuit Court of Mobile. Claim interposed by Del Barco to certain property levied on by a fi. fa. at the suit of the bank, against ffm. A. Hard-away. The issue found in the transcript, is the allegation by the bank that the property was subject to the levy, to which “ the claimant, R. A. Hardaway, for plea says that the property is not subject to the execution.” The judgment entry is entitled The Branch Bank of the. State of Alabama at Mobile v. ffm. A. Hardaway, defendant in execution, and Joseph E. Del Barco, claimant, and recites the coming of the parties by their…
1Opinion of the CourtGoldthwaite, J.
1. Most of the assignments of error refer to supposed irregularities in the bond given by the claimant for the redelivery of the goods seized, in the event of their condemnation, but these cannot be examined in the first instance in this court. If the bond does not conform to *240the statute, or is otherwise so irregular that under the statute the plaintiff would have.no authority to sue execution upon it, the proper course would be to supercede the execution by application to the court below, or to a judge of the circuit court in vacation.
2. Upon the record, as between the plaintiff in execution…
2Cited by6 opinions
- Hunt's Heirs v. Ellison's HeirsSupreme Court of Alabama · 1858
- Shorter v. UrquhartSupreme Court of Alabama · 1856
- Nicolson v. BurkeSupreme Court of Alabama · 1849
- Womack v. SanfordSupreme Court of Alabama · 1861
- Hill v. McKenzieSupreme Court of Alabama · 1864
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