Avary v. Perry Stove Manufacturing Co.
Supreme Court of Alabama
Appeal from tbe City Court of Anniston. Tried before tlie Hon. B. F. Cassady. The appellee, the Perry Stove Manufacturing Company, a corporation, brought suit by attachment against Lewy & Goetter, and had the writ levied on a stock of goods, to which the appellant, Philip Avary, interposed a claim under a prior conveyance by Lewy & Goetter. On the trial of the right of property, judgment was rendered in favor of the plaintiff in attachment, and the claimant appeals.
Read the full summary
Appeal from tbe City Court of Anniston. Tried before tlie Hon. B. F. Cassady. The appellee, the Perry Stove Manufacturing Company, a corporation, brought suit by attachment against Lewy & Goetter, and had the writ levied on a stock of goods, to which the appellant, Philip Avary, interposed a claim under a prior conveyance by Lewy & Goetter. On the trial of the right of property, judgment was rendered in favor of the plaintiff in attachment, and the claimant appeals. The verdict- of the jury was as follows : “We the jury find the issues in favor of the plaintiff, and assess the value of the…
1Opinion of the Court
STONE, O. J.
Our statute requires that in trials of the right of property the jury must, “as far as practicable, assess the value, at the time of the trial, of each article separately.” Code of 1886, § 3007. It is contended that the verdict in this case fails to conform to this statutory requirement. We think there is nothing in this- objection. The verdict is much fuller in this regard than we usually find them, and we think it a substantial compliance with the *408statute. — Townsend v. Brooks, 76 Ala. 308; Jones v. Anderson Ib. 427; Savage v. Russell, 84 Ala. 103.
Tbe court, at tlie request of…
2Cases cited6 opinions
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Townsend v. BrooksSupreme Court of Alabama · 1884
- Hissong v. Richmond & Danville RailroadSupreme Court of Alabama · 1890
- Savage v. Russell & Co.Supreme Court of Alabama · 1887
- Payne v. MathisSupreme Court of Alabama · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Big Three Motors, Inc. v. RutherfordSupreme Court of Alabama · 1983
- Big Three Motors, Inc. v. RutherfordSupreme Court of Alabama · 1983