Shahan v. Herzberg, Simpson & Co.
Supreme Court of Alabama
Appeal from Etowah Circuit Court. Tried before Hon. LeKoy F. Box. On 4th November, 18.78, Ilerzberg, Simpson & Co. sued out an attachment before a justice of the peace against William M. Hope, which was levied on a bale of cotton as the property •of the defendant. This cotton was claimed by W. P. Shahan, and, on his making the statutory affidavit and bond, was delivered to him by the sheriff.
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Appeal from Etowah Circuit Court. Tried before Hon. LeKoy F. Box. On 4th November, 18.78, Ilerzberg, Simpson & Co. sued out an attachment before a justice of the peace against William M. Hope, which was levied on a bale of cotton as the property •of the defendant. This cotton was claimed by W. P. Shahan, and, on his making the statutory affidavit and bond, was delivered to him by the sheriff. From the judgment rendered by the justice, the claimant appealed to the circuit court, where the cause was tried de novo on an issue made up under the statute, the trial resulting in a verdict and…
1Opinion of the CourtBriokell, C. J.
— -In a trial of the right of property levied on by execution, or by attachment, the issue is, whether it belongs to the defendant and is subject to the process. The affirmative of the issue, and the burden of proof, the statute devolves on the plaintiff in the process (Code of 1876, §§ 3342-5), who is regarded as the actor in the suit. — McAdams v. Henderson, 34 Ala. 478. But if he introduces evidence having a tendency to show, and which prima facie shows, that the title resides in the defendant, the onus of proof shifts to the claimant, and, in that event, he must support his claim upon the…
2Cases cited11 opinions
- Governor v. CampbellSupreme Court of Alabama · 1850
- Schuisler & Donnell v. AmesSupreme Court of Alabama · 1849
- Hare v. FullerSupreme Court of Alabama · 1845
- Lehman, Durr & Co. v. Warren & BurchSupreme Court of Alabama · 1875
- State v. WisdomSupreme Court of Alabama · 1839
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Birmingham Southern R. Co. v. GoodwynSupreme Court of Alabama · 1919
- Warren v. LiddellSupreme Court of Alabama · 1895
- Hargrove v. BourneSupreme Court of Oklahoma · 1915
- State v. . HallSupreme Court of North Carolina · 1894
- Lokey v. WardSupreme Court of Alabama · 1934
12 more not listed; retrieve them via the Exa API.