McAfee v. Arnold & Mathis
Supreme Court of Alabama
Bill to Declare a Preference. Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by W. H. McAfee, as assignee in bankruptcy, against Arnold & Mathis. Front a decree confirming the report of the register, allowing a preference to certain claims and giving' a lien against the estate, the assignee appeals.
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Bill to Declare a Preference. Appeal from Jefferson Chancery Court. Heard before Hon. A. H. Benners. Bill by W. H. McAfee, as assignee in bankruptcy, against Arnold & Mathis. Front a decree confirming the report of the register, allowing a preference to certain claims and giving' a lien against the estate, the assignee appeals. Arnold & Mathis filed their claim in the sum of $930.-37, and in support thereof alleged that on the 11th day of October, 1904, suit was instituted in their behalf in the city court of Birmingham against the McAfee Company by attachment, and that on said date a writ of…
1Opinion of the CourtMcCLELLAN, J.
The lien, adjudged below to exist in favor of appellees, and to effectuate which the decree appealed from was entered, and against which error is appropriately assigned, depends, it is insisted by appellees, upon the inquiry whether the estate of the McAfee Company was, at the time the writ of garnishment at the suit of appellees, issuing out of the city-court of Birmingham, in custodia legis of the District Court of the Northern Division of the Northern District of Alabama, since and if so, without the previously secured consent of the court so to do, no suit could be instituted, nor process…
2Cases cited3 opinions
- Barton v. BarbourSupreme Court of the United States · 1881
- Johnson & Co. v. SpaightSupreme Court of Alabama · 1848
- In re FlorckenDistrict Court, S.D. California · 1901
3Cited by5 opinions
- Shepherd Motor Co. v. Henderson Land & Lumber Co.Supreme Court of Alabama · 1925
- Callaway v. Security Loan CorporationSupreme Court of Alabama · 1947
- Darrough v. First Nat. Bank of ClaremoreSupreme Court of Oklahoma · 1916
- Darrough v. First Nat. Bank of ClaremoreSupreme Court of Oklahoma · 1916
- McAfee v. WallenhauptSupreme Court of Alabama · 1908