Putney & Co. v. Wolberg
Supreme Court of Alabama
Appeal from the Chancery Court of Henry. Heard before the Hon. Jere N. Williams. The appellants, Stephen Putney & Co., filed the bill in this case against Robert Wolberg and Ether Meyrovitz and J. M. Pilcher, as sheriff of Henry county.
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Appeal from the Chancery Court of Henry. Heard before the Hon. Jere N. Williams. The appellants, Stephen Putney & Co., filed the bill in this case against Robert Wolberg and Ether Meyrovitz and J. M. Pilcher, as sheriff of Henry county. It was averred in the bill that the defendant, Robert Wolberg, sued out an attachment against E. Meyrovitz and had' the same levied upon a stock of goods belonging to the defendant in attachment ; that at the time of suing out said attachment complainants were creditors of said Esther Meyrovitch; that there was in fact no indebtedness from Esther .Meyrovitz to…
1Opinion of the CourtHaralson, J.
An' attachment was sued out by Robert Wolberg, one of the. defendants below, against "Esther Meyrovitz, which was levied on a stock of goods belonging to her.
The bill assails this attachment on account of fraud, alleging that the debt or demand upon which the attachment is based is simulated in whole or in part, and that the attachment was sued out in pursuance of a *126prior understanding between said Wolberg and the said Meyrovitz, for the purpose of enabling said Wolberg to hcquire a prior lien over the other creditors of said Meyrovitz; and that the issuance and levy of said attachment was in…
2Cases cited4 opinions
- Cartwright v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1890
- Comer v. HeidelbachSupreme Court of Alabama · 1895
- Gassenheimer v. Kellogg & SheddenSupreme Court of Alabama · 1898
- Builders & Painters Supply Co. v. First National BankSupreme Court of Alabama · 1898
3Cited by2 opinions
- Birmingham Trust & Savings Co. v. SheltonSupreme Court of Alabama · 1935
- Meyrovitz v. GlaserSupreme Court of Alabama · 1902