A. Z. Bailey Grocery Co. v. Commercial Savings Bank & Trust Co.
Alabama Court of Appeals
Appeal from Circuit Court, Morgan County; O. Kyle, Judge. Action by the A. Z. Bailey Grocery Company against the Commercial Savings Bank & Trust Company, in which I-I. C. Schrader Company was interpleaded as substituted defendants. Plaintiff petitions for writ of mandamus to compel court to set aside order discharging substitute defendant and directing that funds paid into court with affidavit of interpleader be returned to defendant.
1Opinion of the CourtBricken, J.
In the case of Commercial Savings Bank & Trust Co. v. A. Z. Bailey Grocery Co. et al., 83 South. 11, 1 it was ruled that the order striking the affidavit of inter-pleader and discharging the Schrader Company would not support an appeal. This ruling necessitates a dismissal of the appeal in this case. See, also, McKleroy v. Gadsden Co., 126 Ala. 184, 28 South. 660.
[1] This brings Us to the question as to whether the writ of mandamus should be allowed, to compel the court to set aside the order discharging the Schrader Company and directing that the funds paid into court with the affidavit of…
2Cases cited5 opinions
- Ex parte Tower Manufacturing Co.Supreme Court of Alabama · 1893
- Brazel v. New South Coal Co.Supreme Court of Alabama · 1901
- McKleroy v. Gadsden Land & Improvement Co.Supreme Court of Alabama · 1899
- H. C. Schrader Co. v. A. Z. Bailey Groc. Co.Alabama Court of Appeals · 1917
- Commercial Savings Bank & Trust Co. v. A. Z. Bailey Grocery Co.Alabama Court of Appeals · 1919