Murphy v. State ex rel. Egger
Supreme Court of Alabama
APPEAL from the City Court of Montgomery. Tried before the Hon. John A. MlNNIS.' In accordance with “an act to more effectually secure "the collection of rents in the city of Montgomery,” approved March 2nd, 1848, John B. Fuller, a justice of the peace of the county of Montgomery, at the instance of Jacob Abraham, issued a writ of attachment against John Egger. The writ was levied on silver and gold watches, clocks and show-cases.
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APPEAL from the City Court of Montgomery. Tried before the Hon. John A. MlNNIS.' In accordance with “an act to more effectually secure "the collection of rents in the city of Montgomery,” approved March 2nd, 1848, John B. Fuller, a justice of the peace of the county of Montgomery, at the instance of Jacob Abraham, issued a writ of attachment against John Egger. The writ was levied on silver and gold watches, clocks and show-cases. Thereupon the defendant filed his claim of exemption. The defendant notified the sheriff that his claim of exemption would be contested. The defendant did not give…
1Opinion of the Court
BRICKELL, C. J.—
The right to a mandamus to compel the appellant to restore to the relator, the goods seized under the attachment, seems to be rested on two distinct grounds. The first is, that the statute authorizing the issue of the attachment is unconstitutional. The second, that the plaintiff in attachment had abandoned and waived all claim to the goods by refusing to take them from the possession of' the bailee of the sheriff, after having given bond in accordance with section nineteen of the act of February 9th, 1877, (Pamph. Acts, 1876-7, p. 39), for their redelivery to the relator, if…
2Cases cited1 opinion
- Withers v. State ex rel. PoseySupreme Court of Alabama · 1860
3Cited by5 opinions
- Ex parte South & North Ala. RailroadSupreme Court of Alabama · 1880
- Ex parte GilmerSupreme Court of Alabama · 1879
- Mohr v. Chaffe Bros.Supreme Court of Alabama · 1883
- State ex rel. Mobile County v. StoneSupreme Court of Alabama · 1881
- State ex rel. Matson v. LaurendineSupreme Court of Alabama · 1917