Comer v. Heidelbach
Supreme Court of Alabama
Appeal from.the Chancery Court of Barbour. Heard before the Hon. Jebe N. Williams. The opinion stales the nature of the case.
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Appeal from.the Chancery Court of Barbour. Heard before the Hon. Jebe N. Williams. The opinion stales the nature of the case. In reference to the attachment sued out by H. M. Comer, Jr., the bill averred that said attachment was sued out on the ground, as stated in. the affidavit therefor, that said W. T. Comer had monies, property or effects liable to satisfy his debts, which he fraudulently withheld; that said ground did not exist at the time, and said allegation in said affidavit was and is untrue in point of fact, and there was no probable cause for believing that said ground existed ;…
1Opinion of the CourtHaralson, J.
This bill was filed by simple contract creditors, the appellees, — whose debts were due and unpaid on the 5th of March, 1895, the date of the filing of the'bill, — against the appellant, W.'T. Comer, who was, as is alleged, insolvent on the dates of the':attachment and of the filing of the bill. - ’The object-of 'the-bill was to set aside, as- collusive and fraudulent, a writ of attachment which had been, on the day specified abóve, *222sued out by H. M. Comer, Jr., a cousin of appellant, which was levied by the sheriff on a stock of goods of the appellant, defendant in attachment, which…
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