Cullum v. Smith
Supreme Court of Alabama
We.it of error to the Circuit Court of Mobile county. Claim by George W. Cullum; to certain slaves levied on by an execution from the county court of Mobile county, at the suit of Smith & Conklin against Charles Cullum. Upon the return of the claim into the circuit court, the claimant moved to dismiss it on the ground that the court had no jurisdiction, inasmuch as the levy was made upon an execution from the county court. The court refused to dismiss the claim.
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We.it of error to the Circuit Court of Mobile county. Claim by George W. Cullum; to certain slaves levied on by an execution from the county court of Mobile county, at the suit of Smith & Conklin against Charles Cullum. Upon the return of the claim into the circuit court, the claimant moved to dismiss it on the ground that the court had no jurisdiction, inasmuch as the levy was made upon an execution from the county court. The court refused to dismiss the claim. At the trial, upon an issue formed between the parties, the deposition of one Croker, was offered by the plaintiffs, and objected to…
1Opinion of the CourtGoldthwaite, J.
1. The practice, now so generally pursued in this State, of interposing a claim to property, levied on by an execution, instead of an action against the sheriff, for the taking, or against a purchaser under him for its conversion or detention, was introduced by the act of 1812. Although the county court then had jurisdiction over all actions of a civil nature, except real actions, ejectment, and trespass quare clausum fregit, when the matter in controversy did not exceed 1,000 dollars, yet the cognizance of these peculiar suits was restricted to what was then known as the superior court.…
2Cases cited1 opinion
- Gregg v. HinsonSupreme Court of Alabama · 1839
3Cited by8 opinions
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Spence v. MitchellSupreme Court of Alabama · 1846
- Harris v. MillerSupreme Court of Alabama · 1857
- Bryant v. IngrahamSupreme Court of Alabama · 1849
- Scott v. BaberSupreme Court of Alabama · 1848
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