Carter v. O'Bryan Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Colbert. . Tried before the Hon. H. C. Speaice. This was a statutory claim suit, instituted by the appellant, L. A. Carter, interposing a claim to a stock of goods, which had been levied upon by an attachment, sued out by the appellees, O’Bryan Brothers, against W. F. McGwier, on the ground that the defendant had fraudulently disposed of his goods.
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Appeal from the Circuit Court of Colbert. . Tried before the Hon. H. C. Speaice. This was a statutory claim suit, instituted by the appellant, L. A. Carter, interposing a claim to a stock of goods, which had been levied upon by an attachment, sued out by the appellees, O’Bryan Brothers, against W. F. McGwier, on the ground that the defendant had fraudulently disposed of his goods. Upon the trial of the claim suit, the following proceedings were had, and the following facts were disclosed : On January 6, 1892. O’Bryan Brothers sued out an attachment against W. F. McGwier, a resident of…
1Opinion of the CourtHaralson, J.
1. There was no error in the refusal of the court to quash the writ of attachment, in overruling the demurrer to the answer filed by plaintiff to the motion to quash, and in refusing to strike the cause from the docket.
It is true, a justice of the peace can not issue an attachment returnable to a circuit court out of his own county. — Code, § 2931. The facts alleged in the answer to the motion show — and the proofs in . the affidavit for the attachment, the attachment bond, the recitals in the affidavit of claimant made under the statute by way of propounding his claim, and those in his claim…
2Cases cited13 opinions
- Seals v. Robinson & Co.Supreme Court of Alabama · 1883
- Ellis v. MartinSupreme Court of Alabama · 1877
- Jackson v. BainSupreme Court of Alabama · 1883
- Smith v. Collins & GriffithSupreme Court of Alabama · 1891
- Williams v. Spragins, Buck & Co.Supreme Court of Alabama · 1893
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Ballard v. Mayfield, Pitman & Co.Supreme Court of Alabama · 1894
- McDonald v. StephensSupreme Court of Alabama · 1920
- Montgomery-Moore Manufacturing Co. v. LeithSupreme Court of Alabama · 1909
- Colver v. W. B. Scarborough Co.California Court of Appeal · 1925
- Sokol Bros. Furniture Co. v. GateSupreme Court of Alabama · 1922
3 more not listed; retrieve them via the Exa API.