Martin v. Mayer Bros.
Supreme Court of Alabama
' Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. The facts of the case are sufficiently stated in the opinion. The amendment was allowed át a time when the sheriff did not have and could not have the actual or constructive redelivery or custody of the timber, which had been sold off and shipped across the ocean.
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' Appeal from the Circuit Court of Mobile. Tried before the Hon. William S. Anderson. The facts of the case are sufficiently stated in the opinion. The amendment was allowed át a time when the sheriff did not have and could not have the actual or constructive redelivery or custody of the timber, which had been sold off and shipped across the ocean. While after replevy a claim suit has been allowed, even in cases where the court would not require a useless formality of constructive redelivery, yet I find no case in which a claim suit has been permitted to be instituted or perfected except…
1Opinion of the CourtColeman, J.
The appellant, Martin, sued out an attachment against L. G. Cooper and others, which was levied upon certain sticks of timber which had been raftpd from the Bigbee river to Mobile where the levy ■was executed. Mayer Bros, interposed a claim to the property, and upon issue made up, after the introduction of evidence, the court gave the affirmative charge in favor of claimants. There were numerous exceptions to the rulings of the court, but only a few are thought worthy of consideration.
When the attachment was levied the claimants made affidavit and executed a replevy bond instead of a claim…
2Cases cited5 opinions
- Patterson v. KickerSupreme Court of Alabama · 1882
- Roswald & Stoll v. Hobbie & TeagueSupreme Court of Alabama · 1887
- Street v. NelsonSupreme Court of Alabama · 1880
- Rhodes & Broadfoot v. SmithSupreme Court of Alabama · 1880
- Ex parte MorganSupreme Court of Alabama · 1857
3Cited by4 opinions
- Barksdale v. BullingtonSupreme Court of Alabama · 1915
- Cade v. FloydSupreme Court of Alabama · 1898
- Wolfson v. Allen Bros.Supreme Court of Iowa · 1903
- Collins v. SherbetSupreme Court of Alabama · 1896