Legal Opinion

Todd v. McCravey's Adm'r

Supreme Court of Alabama

Decided December 15, 1884PublishedCited by 1 opinion

Equitable Attachment and Ga/mishment; Claim of Exemption. Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. Graham. The appeal in this case was sued out from a decree dismissing and disallowing a petition and claim of exemption, which was interposed by the appellant, Mrs. Susan S. Todd, one of the defendants in a pending chancery suit, to a fund of $267.75, which was paid into court by S. J. Kennerly & Co., garnishees in the cause.

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Equitable Attachment and Ga/mishment; Claim of Exemption. Appeal from the Chancery Court of Madison. Heard before the Hon. N. S. Graham. The appeal in this case was sued out from a decree dismissing and disallowing a petition and claim of exemption, which was interposed by the appellant, Mrs. Susan S. Todd, one of the defendants in a pending chancery suit, to a fund of $267.75, which was paid into court by S. J. Kennerly & Co., garnishees in the cause. The. bill in that case was filed on the 9th February, 1878, by L. W. McCravey, as the administrator of the estate of B. F. McCravey, deceased,…

1Opinion of the Court

SOMEBYILLE, ,7.

Section 2842 of ' the present Code (1876) provides, that whenever any money, or choses in action, are levied on by process of garnishment on any attachment, judgment, or summons and complaint, and the defendant in such attachment, or other process, “claims the same, or any part thereof, as exempt from such levy, he shall file such claim in writing, verified by his affidavit, in \the] coiort where such proceedings arepending, setting forth what other personal property, if any, he has, specially, where the same is, and its value; or, if he has none, stating that fact.” It is…

2Cases cited5 opinions

  1. Dismukes & Patrick v. Tolson & BarrettSupreme Court of Alabama · 1880
  2. Fearn v. WardSupreme Court of Alabama · 1880
  3. Daniels v. HamiltonSupreme Court of Alabama · 1875
  4. Sherry v. BrownSupreme Court of Alabama · 1880
  5. Henderson's Adm'r v. TuckerSupreme Court of Alabama · 1881

3Cited by1 opinion

  1. Tonsmere & Craft v. BucklandSupreme Court of Alabama · 1889

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