Aderholt & Co. v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of St. Clair. Tried before the Hon. Lerox F. Box. This action was brought by M. M. Smith against the several persons composing the firm of D. A. Aderholt & Co., and was commenced before a justice of the peace, on the 17th June, 1886. On appeal to the Circuit Court, the plaintiff filed a complaint, the third count of which was in these words: “ Plaintiff claims of defendant, also, the further sum of $50, due from them by account, for money had…
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Appeal from the Circuit Court of St. Clair. Tried before the Hon. Lerox F. Box. This action was brought by M. M. Smith against the several persons composing the firm of D. A. Aderholt & Co., and was commenced before a justice of the peace, on the 17th June, 1886. On appeal to the Circuit Court, the plaintiff filed a complaint, the third count of which was in these words: “ Plaintiff claims of defendant, also, the further sum of $50, due from them by account, for money had and received by defendants for plaintiff, being money arising from the sale of one and one half bales of cotton, upon…
1Opinion of the CourtClopton, J.
The plaintiff, having obtained a judgment against P. Holmes, caused W. T. Helton to be summoned as garnishee, who appeared and answered, that he had some cotton in his possession belonging to the judgment debtor, but suggested that it was claimed by the defendants in the present suit. Thereupon, notice was issued to them under the statute, in response to which they appeared and propounded their claim. On the trial, judgment was rendered against the claimants, and condemning the cptton to the satisfaction of the plaintiff’s judgment. During the pendency of the claim suit, the defendants…
2Cases cited3 opinions
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Griffin v. IsbellSupreme Court of Alabama · 1850
- Kelly v. McCawSupreme Court of Alabama · 1856
3Cited by3 opinions
- Pryor Motor Co. v. HartsfieldSupreme Court of Alabama · 1922
- Britt v. PittsSupreme Court of Alabama · 1895
- Skates v. HartsfieldSupreme Court of Alabama · 1927