McDonald v. Stephens
Supreme Court of Alabama
Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. Action by Mrs. C. B. Stephens begun by attachment against Bill Jackson, with levy upon certain corn and claim to the same by J. A. McDonald. Judgment for plaintiff, and claimant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. The court erred in refusing to allow the affidavit of claimant to be amended.
Read the full summary
Appeal from Circuit Court, Barbour County; J. S. Williams, Judge. Action by Mrs. C. B. Stephens begun by attachment against Bill Jackson, with levy upon certain corn and claim to the same by J. A. McDonald. Judgment for plaintiff, and claimant appeals. Transferred from Court of Appeals under Acts 1911, p. 450, § 6. The court erred in refusing to allow the affidavit of claimant to be amended. Sections 2965 and 6043, Code 1907; 149 Ala. 655, 43 South. 117; 66 Ala. 177. Counsel discuss other assignments of error, but without further citation of authority. The nature of the claim was not…
1Opinion of the CourtSomerville, J.
[1, 2] In statutory claim suits, under sections 6039, 6040, of the Cod’e of 1907, the statute itself defines and restricts the decisive issue to be submitted to the jury. Keyser v. Maas, 111 Ala. 390, 21 South. 346. The íxlaintiff in execution or in attachment “must allege that the property claimed is the property of the defendant in the writ and is liable to its satisfaction.” The claimant simply denies this allegation, and the burden of proof is on .the plaintiff. This is the only proper issue. Warren v. Liddell, 110 Ala. 232, 20 South. 89, and cases cited; Lehman & Co. v. Warren, 53 Ala.…
2Cases cited25 opinions
- Jackson v. BainSupreme Court of Alabama · 1883
- Warren v. LiddellSupreme Court of Alabama · 1895
- Keyser v. Maas & SchwarzSupreme Court of Alabama · 1895
- British & American Mortgage Co. v. CodySupreme Court of Alabama · 1902
- Dollins & Adams v. Pollock & Co.Supreme Court of Alabama · 1889
20 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- First Nat. Bank of Mobile v. LartigueSupreme Court of Alabama · 1937
- Monroe County Growers' Exchange v. HarperAlabama Court of Appeals · 1925
- Henley v. Bradshaw Mercantile Co.Supreme Court of Alabama · 1929
- Bank of Hartford v. McNealSupreme Court of Alabama · 1922
- First National Bank of Montgomery v. HicksCourt of Civil Appeals of Alabama · 1969
7 more not listed; retrieve them via the Exa API.