May v. Courtnay, Tennant & Co.
Supreme Court of Alabama
Appeal from Circuit Court of Butler. Tried before Hon. P. O. Harper. Tbe facts are sufficiently set forth in tbe opinion. The bill of exceptions is the controlling part of the record as to what occurred in the oourt below.
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Appeal from Circuit Court of Butler. Tried before Hon. P. O. Harper. Tbe facts are sufficiently set forth in tbe opinion. The bill of exceptions is the controlling part of the record as to what occurred in the oourt below. From it it is j plain that the defendant, May, pleaded his final discharge ■ in bankruptcy; that plaintiffs first filed a replication tending to raise a question as to the validity of the discharge; that defendant demurred to this replication; that this demurrer was sustained by thé court; that the plaintiffs then filed (or “ pleaded”) another replication which confesses…
1Opinion of the CourtPeters, J.
The material facts of this case may be stated as follows: On December 12, 1866, Courtnay, Tennant & Co., as plaintiffs, brought suit against May, as de*188feudant, in the circuit court of Butler county. The suit was commenced by attachment, which was levied on the lands of the defendant, May, on the next day after it was issued, and the writ of attachment was regularly returned into court, with the levy indorsed thereon, as required by law. And after the return of the writ the complaint was regularly filed at the spring term of the court, out of which the attachment was issued in 1867. At the…
2Cases cited3 opinions
- May v. Le ClaireSupreme Court of the United States · 1871
- Free v. HowardSupreme Court of Alabama · 1870
- Caldwell v. BaldwinSupreme Court of Alabama · 1869
3Cited by11 opinions
- Wilson v. DuncanSupreme Court of Alabama · 1896
- Ex parte JonasSupreme Court of Alabama · 1914
- Bank of Commerce v. ElliottWisconsin Supreme Court · 1901
- Powers Dry Goods Co. v. NelsonNorth Dakota Supreme Court · 1901
- Cartwright v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1890
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