McDaniel v. Moody
Supreme Court of Alabama
Thkee attachments were sued out from a justice’s court of Montgomery county, by the plaintiff McDaniel, against one Miller, and levied on a cotton gin, the running gear thereof, and a packing screw, as the property of said ler, ail of which was claimed by the defendant Moody, as belonging to him. The justice thereupon issued a writ of venire facias, summoning a jury, before whom the title was tried, and who found the property suqjectto the plaintiff’s executions.
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Thkee attachments were sued out from a justice’s court of Montgomery county, by the plaintiff McDaniel, against one Miller, and levied on a cotton gin, the running gear thereof, and a packing screw, as the property of said ler, ail of which was claimed by the defendant Moody, as belonging to him. The justice thereupon issued a writ of venire facias, summoning a jury, before whom the title was tried, and who found the property suqjectto the plaintiff’s executions. Moody filed his petition to the Judge of the County Court, alleging that his gin house, running gear and packing screw, without…
1Opinion of the Court
By JUDGE PERRY.
Without noticing any of the causes assigned for error, we will proceed to dispose of this case, for want of jurisdiction, in the first place in the justice of the peace, and consequently of the County Court, over the subject matter of controversy. In determining this question, it will be only necessary to consider the nature of the property, which was the subject of trial before the justice of the peace, the same being a gin house, .running gear thereof, and a packing screw, and if it be found that the property in dispute are fixtures and belong to the realty, it will at once…
2Cited by10 opinions
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Merritt & Bourne v. Judd & ByrneCalifornia Supreme Court · 1859
- Wood v. AmosSupreme Court of Alabama · 1938
- Williamson v. City of GreenvilleAlabama Court of Appeals · 1957
- Frederick v. DevolIndiana Supreme Court · 1860
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