Elliott v. Stocks & Bro.
Supreme Court of Alabama
Trial of the Bight of Property. Appeal from Cherokee Circuit Court. Tried before Hon. W. L. Whitlock. On the 19th of July, 1875, Stocks & Bro., through John T. Stocks, a member of the firm, took out an attachment against H. D. Cothran, Thomas McCulloch, Robert Marshall, and W. S. McElwain, on the ground that they were non-residents of the State of Alabama. This attachment was levied on one hundred tons of pig iron, at the Cornwall Furnace, in Cherokee county.
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Trial of the Bight of Property. Appeal from Cherokee Circuit Court. Tried before Hon. W. L. Whitlock. On the 19th of July, 1875, Stocks & Bro., through John T. Stocks, a member of the firm, took out an attachment against H. D. Cothran, Thomas McCulloch, Robert Marshall, and W. S. McElwain, on the ground that they were non-residents of the State of Alabama. This attachment was levied on one hundred tons of pig iron, at the Cornwall Furnace, in Cherokee county. On the 6th of August, 1875, James M. Elliott, as trustee, interposed a claim to the property, executing a claim bond, and stating, in…
1Opinion of the CourtStone, J.
— The question which meets us at the threshold of this case is, did the Circuit Court err in refusing to remove the claim suit, or trial of the right of property, to the Circuit Court of the United States ? The application was made under the act of Congress, approved March 2d, 1867, which is in the following language : “ That when a suit may hereafter be brought in any State court, in which there is *299controversy between a citizen of the State in which the suit is brought and a citizen of another State, such citizen of another State, whether he be plaintiff or defendant, if he will make and…
2Cases cited5 opinions
- Meyer v. Construction CompanySupreme Court of the United States · 1879
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Shorter v. SheppardSupreme Court of Alabama · 1859
- Bible Society v. GroveSupreme Court of the United States · 1880
- Railroad Co. v. McKinleySupreme Court of the United States · 1879
3Cited by16 opinions
- Gordon, Rankin & Co. v. TweedySupreme Court of Alabama · 1883
- Nelson v. Shelby Manufacturing & Improvement Co.Supreme Court of Alabama · 1893
- Woodstock Iron Co. v. RobertsSupreme Court of Alabama · 1888
- Cunningham Hardware Co. v. Louisville N. R. Co.Supreme Court of Alabama · 1923
- Jackson v. BainSupreme Court of Alabama · 1883
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