Arnold v. Cofer
Supreme Court of Alabama
Appeal from tlie Circuit Court of Cullman. Tried before, the Hon. Osceola Kyle. Statutory trial of right of property to property levied on under attachment- issued at the suit of appellees, W. T. L. Cofer and another, against one P. B. Arnold. The property levied on was claimed by defendant’s wife, Annie J. Arnold, affidavit and bond being given.
Read the full summary
Appeal from tlie Circuit Court of Cullman. Tried before, the Hon. Osceola Kyle. Statutory trial of right of property to property levied on under attachment- issued at the suit of appellees, W. T. L. Cofer and another, against one P. B. Arnold. The property levied on was claimed by defendant’s wife, Annie J. Arnold, affidavit and bond being given. The' suit was begun in the justice court. . On the trial in the circuit court, on appeal, certain rulings were made upon the admissibility of evidence, which are sufficiently shown by the opinion. ' The court gave the following charge at plaintiffs’…
1Opinion of the Court
DOWDELL, -T.
This is a claim suit for the trial of the right of property levied on under a writ of attachment. The suit originated in the justice court, where an attachment was sued out for the collection of rent. On the trial in the justice court a judgment was rendered in favor of the claimant, from which the plaintiff appealed to the circuit court. The justice sent up the original papers and a certified transcript of the proceedings in the cause. This was a compliance with the *367statute. In the circuit court- the claim suit was tried in the usual manner on issue made up under the direction of…
2Cases cited2 opinions
- Dollins & Adams v. Pollock & Co.Supreme Court of Alabama · 1889
- Seisel & Co. v. Folmar & SonsSupreme Court of Alabama · 1893
3Cited by7 opinions
- McGuff v. StateSupreme Court of Alabama · 1946
- Birmingham Railway, Light & Power Co. v. HumphriesSupreme Court of Alabama · 1911
- Owen v. StateCourt of Criminal Appeals of Texas · 1907
- Willoughby v. WilloughbySupreme Court of Alabama · 1919
- Murnan v. IsbellSupreme Court of Oklahoma · 1928
2 more not listed; retrieve them via the Exa API.