Cade v. Floyd
Supreme Court of Alabama
Appeal'from the Circuit Court of Bullock; ' Tried before the Hon. J. M. Carmichael. An action for the recovery of personal chattels in specie was commenced by the' appellant, C. J. Cade, against Joe Hamilton in the circuit court of Bullock county, .on the 17th April, 1893. The summons and complaint .were served on defendant on the 6th November, 1896, andón the same day, as appears by the indorsement thereon, the sheriff took the property sued for into his possession, On the…
Read the full summary
Appeal'from the Circuit Court of Bullock; ' Tried before the Hon. J. M. Carmichael. An action for the recovery of personal chattels in specie was commenced by the' appellant, C. J. Cade, against Joe Hamilton in the circuit court of Bullock county, .on the 17th April, 1893. The summons and complaint .were served on defendant on the 6th November, 1896, andón the same day, as appears by the indorsement thereon, the sheriff took the property sued for into his possession, On the 9th day of November, 1896, the appellee, Floyd, a stranger to the suit, by his agent, made a proper affidavit for the…
1Opinion of the CourtHaralson, J.
1. Section 1484 of the Code of 1896, .embodying the provisions of the act of February 26, 1889 (Acts of 1888-89, p. 57), provides that “when a suit is brought for the recovery of .personal property in specie under the provisions of section 1474 .(2717), and the defendant shall neglect for five days to give bond as therein provided, if the property seized is claimed by A person not a party to the suit, and affidavit and bond is executed as required by law in cases of trial *489of the right of property when levied on by the writ of fieri facias, the property must be delivered to the claimant, and…
2Cases cited2 opinions
- Roswald & Stoll v. Hobbie & TeagueSupreme Court of Alabama · 1887
- Martin v. Mayer Bros.Supreme Court of Alabama · 1896
3Cited by7 opinions
- Witherington v. GainerSupreme Court of Alabama · 1907
- Hammock v. OakleySupreme Court of Alabama · 1934
- Elson v. PridgenSupreme Court of Alabama · 1940
- McDonald v. CrawfordAlabama Court of Appeals · 1938
- Crampton v. MassieCourt of Appeals for the Fifth Circuit · 1916
2 more not listed; retrieve them via the Exa API.