Millitello v. B. F. Roden Grocery Co.
Supreme Court of Alabama
Appeal from Birmingham. City Court. Heard before Hon. H. A. Sharpe. The B. F. Roden Grocery Company had judgment against J. Millitello and had execution issued thereon, and levied upon property which was claimed by V. Millitello. On the trial of the claim suit there was judgment for the execution plaintiffs, and the claimant appeals. Transferred from the Court of Appeals under the act creating said court.
1Opinion of the CourtGardner, J.
The B. F. Roden Grocery Company obtained a judgment against one Jim Millitello, in the Birmingham court of common pleas, an inferior court with the jurisdiction of a justice of the peace, upon which judgment execution was issued and levied upon certain property claimed by Y. Millitello ; and, upon such claim being interposed, a trial of the right of property was had in said court as provided by statute (section 6039 et seq. of the Code of 1907), resulting in judgment for the plaintiff, and the claim suit was removed by appeal to the city court of Birmingham, where the trial of the claim suit…
2Cases cited11 opinions
- Jones & Co. v. PeeblesSupreme Court of Alabama · 1900
- Caldwell v. SmithSupreme Court of Alabama · 1884
- Warren v. LiddellSupreme Court of Alabama · 1895
- Jones v. McPhillipsSupreme Court of Alabama · 1886
- Lehman, Durr & Co. v. Warren & BurchSupreme Court of Alabama · 1875
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3Cited by13 opinions
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- Jernigan v. Rainer Mercantile Co.Supreme Court of Alabama · 1924
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