Tobias & Co. v. Treist & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. The proceedings in this case were had upon a statutory trial of the right of property, which was instituted by T. Tobias & Co. interposing a claim to certain goods and merchandise, which had been levied upon as the property of M. Nathan, doing business under the firm name of M. Nathan & Co., under an attachment sued out by the appellees, Treist & Co. The claimants based their right to the…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. The proceedings in this case were had upon a statutory trial of the right of property, which was instituted by T. Tobias & Co. interposing a claim to certain goods and merchandise, which had been levied upon as the property of M. Nathan, doing business under the firm name of M. Nathan & Co., under an attachment sued out by the appellees, Treist & Co. The claimants based their right to the property so levied upon on a bill of sale, which had been made and executed by M. Nathan to them in payment, as recited in…
1Opinion of the CourtColeman, J.
Treisi; & Co., appellees, sued out an attachment against M. Nathan, for five hundred and ninety dollars, which was levied upon certain goods and merchandise as the property of the defendant. The goods and merchandise levied upon were in three several parts or lots at the time of the levy, claimed, respectively, by Ida Levy, T. Tobias & Co., and A. Kolsky, as vendees of M. Nathan. These vendees executed separate and distinct claim bonds, for the trial of the right of property. By consent of the parties the suits for the trial of the right of property were consolidated and tried together, with…
2Cases cited5 opinions
- Noblin v. StateSupreme Court of Alabama · 1893
- Gray v. RaibornSupreme Court of Alabama · 1875
- Myers v. Conway & Co.Supreme Court of Alabama · 1890
- Parker v. WimberlySupreme Court of Alabama · 1884
- Kennon & Hill v. Adams BrosSupreme Court of Alabama · 1893
3Cited by20 opinions
- Shipp v. SheltonSupreme Court of Alabama · 1915
- A. G. Rhodes Furniture Co. v. WeedenSupreme Court of Alabama · 1895
- Hill v. StateSupreme Court of Alabama · 1906
- Cooper v. AumanSupreme Court of Alabama · 1929
- Smith v. WoolfSupreme Court of Alabama · 1909
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