Witherington v. Gainer
Supreme Court of Alabama
Appeal from Conecuh Circuit Court. Heard before Hon. J. C. Richardson. Action of attachment by Charles Gainer against James Murray; J. E. Witherington, claimant. From the judgment, said claimant appeals. Charles Gainer had issued and levied an attachment upon the crops of James Murray to enforce a landlord.^ lien.
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Appeal from Conecuh Circuit Court. Heard before Hon. J. C. Richardson. Action of attachment by Charles Gainer against James Murray; J. E. Witherington, claimant. From the judgment, said claimant appeals. Charles Gainer had issued and levied an attachment upon the crops of James Murray to enforce a landlord.^ lien. There were two suits, and J. E. Witherington filed a claim bond and affidavit, setting out that the property levied upon in the attachment writ was the property of said Witherington. Both cases were tried together by agreement. The evidence .tended to show that the claimant had no…
1Opinion of the Court
HARALSON, J. —
The amendment of; section 41.45 of the Code of 1896 provides,, that “when the claim interposed is based on a mortgage or lien, the claimant must state in liis affidavit, the nature, of the right Avhich he claims,” etc. — Acts 1900-01, p. 106.
The claims filed in these cases, filed by the claimant, do not state the nature of the right Avhich he sets up, but state, that the property upon Avhich the atachment Avas levied is- not the property of the defendant in attachment, but is tlie property of-the affiant (claimant), and that- he has a just claim thereto.
At'the time of the trial,…
2Cases cited2 opinions
- Rhodes & Broadfoot v. SmithSupreme Court of Alabama · 1880
- Cade v. FloydSupreme Court of Alabama · 1898
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