Howard v. Jones & Starke
Supreme Court of Alabama
Appeal from the Criminal Court of Butler. Tried before the Hon. W. H. Crenshaw. This action was brought by the appellant, against Kennon Jones and James H. Starke individually, and was commenced by attachment on the 26th July, 1871; and John Bolling was summoned, on the same day, by process of garnishment.
Read the full summary
Appeal from the Criminal Court of Butler. Tried before the Hon. W. H. Crenshaw. This action was brought by the appellant, against Kennon Jones and James H. Starke individually, and was commenced by attachment on the 26th July, 1871; and John Bolling was summoned, on the same day, by process of garnishment. The garnishee filed an answer, in which he stated that he held, or had deposited to his credit with Dunklin & Steiner, the sum of $756.70, money arising from the sale of a drug store and fixtures belonging to the firm of Jones & Starke, which he had sold under a mortgage against them, by…
1Opinion of the CourtPeters, C. J.
It was settled in this court, in Brewer's Adm'r v. Granger, at the January term, 1871, that “ articles or merchandise in a store, where they are kept for sale, to the extent of one thousand dollars, are exempt from levy and sale under legal process at the option of the debtor, under section 2884 of the Revised Code.” 45 Ala. 580. This is very clearly proper, unless the mere fact that a person is in debt renders the debt a lien upon the property he may own. But no such lien exists, at least while the debtor lives. Then, his property, invested in merchandise, ’is still his property, and it is *69pr…
2Cases cited10 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Green v. BiddleSupreme Court of the United States · 1823
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- TERRETT & OTHERS v. Taylor & OthersSupreme Court of the United States · 1815
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Giovanni v. First National Bank of MontgomerySupreme Court of Alabama · 1876
- Day v. AdcockAlabama Court of Appeals · 1914