Ex parte Nicrosi
Supreme Court of Alabama
This was a petition by D. M. Nicrosi, addressed to tUe Supreme Court, asking for a writ of mandamus to be issued to the Hon. John R. Tyson, Judge of the Second Judicial Circuit of Alabama, presiding over the circuit court of Montgomery county, commanding him to permit amendments of attachment affidavit, bond and writ, as moved for by petitioner in said circuit court.
Read the full summary
This was a petition by D. M. Nicrosi, addressed to tUe Supreme Court, asking for a writ of mandamus to be issued to the Hon. John R. Tyson, Judge of the Second Judicial Circuit of Alabama, presiding over the circuit court of Montgomery county, commanding him to permit amendments of attachment affidavit, bond and writ, as moved for by petitioner in said circuit court. It is here asked to correct the description, the designation of “The Roswald Grocery Co.” It was described in the original attachment, bond and writ as a corporation. The plaintiff now shows to the court that this description was…
1Opinion of the CourtMcCLELLAN, J.
The petitioner, D. M.Nicrosi, made and filed in the circuit court of Montgomery, an affidavit for an attachment against The Roswald Grocery Company to enforce a landlord’s lien for rent. In said affidavit, the attachment bond and in the writ of attachment the said company is described as a corporation, i. e., in each of these papers that company is referred to as “The Roswald Grocery Company, a corporation.” It having developed that The Roswald Grocery Company was not in fact a corporation, nor even a partnership, but the name under and by which Esther Roswald, a married woman, having the…
2Cases cited1 opinion
- Western Railway v. McCallSupreme Court of Alabama · 1889
3Cited by21 opinions
- Manistee Mill Co. v. HobdySupreme Court of Alabama · 1909
- World Fire & Marine Insurance v. Alliance Sandblasting Co.Supreme Court of Connecticut · 1927
- Stowers Furniture Co. v. BrakeSupreme Court of Alabama · 1908
- Hughes v. CoxSupreme Court of Alabama · 1992
- Goldstein v. Peter Fox Sons Co.North Dakota Supreme Court · 1912
16 more not listed; retrieve them via the Exa API.