Shapiro v. Thompson
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John H. Disqiie. Action by Edith Kyle Thompson begun by attachment against S. A. Shapiro to enforce her landlord’s lien for the balance of the unexpired lease, and levied upon the goods exempted to Shapiro in the bankruptcy proceedings. Judgment for plaintiff and defendant appeals. If, for any reason, the relation of landlord and tenant did not exist, there would be no lien and the attachment would fall.
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Appeal from Gadsden City Court. Heard before Hon. John H. Disqiie. Action by Edith Kyle Thompson begun by attachment against S. A. Shapiro to enforce her landlord’s lien for the balance of the unexpired lease, and levied upon the goods exempted to Shapiro in the bankruptcy proceedings. Judgment for plaintiff and defendant appeals. If, for any reason, the relation of landlord and tenant did not exist, there would be no lien and the attachment would fall. This question was raised on a. rule to show cause against a dissolution. ■ — Drakeforcl v. Turt, 75 Ala. 339; Broten v. Cotes, 56 Ala. 439;…
1Opinion of the CourtSayre, J.
On September 27, 1904, the appellant, and appellee, being then related as lessee and lessor of a storehouse in the city of Gadsden, entered upon a forma] *366written renewal of the lease. The renewed term was for the year 1905, beginning on the 1st of January of that year. The agreed annual rental was $900, payable in 12 equal monthly installments. December 29, 1904, and so prior to the beginning of the new term, the appellant filed his voluntary petition in the District Court of the United States asking to be adjudged a bankrupt. January 2, 1905, he was adjudged a bankrupt, and in due course he…
2Cases cited7 opinions
- Knighton v. CurrySupreme Court of Alabama · 1878
- County of Dallas v. TimberlakeSupreme Court of Alabama · 1875
- Schuessler v. DudleySupreme Court of Alabama · 1886
- Ex parte BarnesSupreme Court of Alabama · 1887
- Andrews Manufacturing Co. v. PorterSupreme Court of Alabama · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Cotting v. Hooper, Lewis & Co.Massachusetts Supreme Judicial Court · 1915
- In re ScruggsDistrict Court, S.D. Alabama · 1913
- English v. RichardsonSupreme Court of New Hampshire · 1922
- In re Keith Gara Co.District Court, E.D. Pennsylvania · 1913
- Arbuthnot v. ThatcherSupreme Court of Alabama · 1939
2 more not listed; retrieve them via the Exa API.