Wollner & Lowenstein v. Lehman, Durr & Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Lowndes. Tried before the Hon. Sam. H. Spbott. This was a statutory trial of the right of property in and to about seventeen boxes of boots and shoes, between Lehman, Durr & Co., plaintiffs in attachment against Weil & Stern, and Wollner & Lowenstein as claimants, The defendants in attachment were merchants, carrying on business at Benton, Lowndes county; Lehman, Durr & Co. were commission-merchants in Montgomery, and Wollner & Lowenstein…
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Appeal from tbe Circuit Court of Lowndes. Tried before the Hon. Sam. H. Spbott. This was a statutory trial of the right of property in and to about seventeen boxes of boots and shoes, between Lehman, Durr & Co., plaintiffs in attachment against Weil & Stern, and Wollner & Lowenstein as claimants, The defendants in attachment were merchants, carrying on business at Benton, Lowndes county; Lehman, Durr & Co. were commission-merchants in Montgomery, and Wollner & Lowenstein were wholesale merchants in Mobile. The attachment of Lehman, Durr & Co. was sued out on the 11th October, 1885, and levied…
1Opinion of the CourtStone, C. J.
Lehman, Durr & Co. sued out an attachment against Weil & Stern, which was levied on a stock of merchandise in the store-house in which the debtor firm had *280been, and. were doing a retail mercantile business. Wollner & Lowenstein made the statutory affidavit of claim, and gave tbe necessary bond, to inaugurate a trial of the right of property — a statutory action provided for in our judicial system. — Code of 1886, 3001 to 3012, inclusive. The property claimed was delivered to the claimants. An issue was made up as provided by law, the attaching creditors averring that the property was subject…
2Cases cited16 opinions
- Spira v. Hornthall, Whitehead, Weissman & Co.Supreme Court of Alabama · 1884
- Loeb & Brother v. Flash Bros.Supreme Court of Alabama · 1880
- Graham v. LockhartSupreme Court of Alabama · 1845
- Pollak v. SearcySupreme Court of Alabama · 1887
- Adams v. ThorntonSupreme Court of Alabama · 1885
11 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Howell v. CardenSupreme Court of Alabama · 1891
- Maxwell v. Brown Shoe Co.Supreme Court of Alabama · 1896
- Standard Motorcar Co. v. McMahonSupreme Court of Alabama · 1919
- Traywick v. Keeble & Co.Supreme Court of Alabama · 1890
- Horton v. SpearsSupreme Court of Alabama · 1939
7 more not listed; retrieve them via the Exa API.