Ex Parte A. Z. Bailey Grocery Co.
Supreme Court of Alabama
Certiorari to Court of Appeals. Action by the A. Z. Bailey Grocery Company against the H. C. Schrader Company, substitute defendant. Prom judgment for plaintiff, defendant appealed to the Court of Appeals, which reversed and remanded (74 South. 749 1), and plaintiff petitions for certiorari.
1Opinion of the CourtSayre, J.
[1] This court holds that the opinion of the Court of Appeals (74 South. 749 1 ) has correctly stated the law of inter-pleader under the Code. However, the Court of Appeals, making concrete application of its ascertained law to the case before it, tests the right of the original defendant to interplead, by the facts stated in the affidavit which it sets out in verbis in its' opinion, and the writer, looking to the affidavit, but looking no further, because, in the first place, the method of review adopted by this court in such cases will not permit him to look further, and because, in the…
2Cases cited3 opinions
- Morse v. MooreSupreme Judicial Court of Maine · 1891
- McCaa v. Elam Drug Co.Supreme Court of Alabama · 1896
- H. C. Schrader Co. v. A. Z. Bailey Groc. Co.Alabama Court of Appeals · 1917
3Cited by5 opinions
- Cloud v. DeanSupreme Court of Alabama · 1924
- A. E. Wood v. Citronelle-Mobile Gathering System Company, Ltd.Court of Appeals for the Fifth Circuit · 1966
- Commercial Savings Bank & Trust Co. v. A. Z. Bailey Grocery Co.Alabama Court of Appeals · 1919
- Commercial Savings Bank & Trust Co. v. A. Z. Bailey Grocery Co.Alabama Court of Appeals · 1920
- Dishman v. GriffisAlabama Court of Appeals · 1918