Watts v. Rice
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before Hon. T. M. AeriNGtoN. The facts are sufficiently stated in the opinion.
1Opinion of the CourtSomerville, J.
The present ease is one involving the trial of a elaim of exemption to personal property levied on under a writ of attachment sued out by Rice & Wilson. Code, 1876, § 2830. The property levied on is the individual property of the appellant, Watts. The attachment suit was against Nathaniel Watts & Co., under their common name as a mercantile partnership, without designation of the individual names of the persons comprising the partnership.
The charge of the court, instructing the jury to find for the appellees, can be justified only upon the theory that the matter in dispute is res adjudícala.…
2Cases cited9 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
- McDonald v. Mobile Life InsuranceSupreme Court of Alabama · 1880
- Yarbrough & Co. v. Bush & Co.Supreme Court of Alabama · 1881
- Boyd v. MartinSupreme Court of Alabama · 1846
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3Cited by5 opinions
- Baldridge v. EasonSupreme Court of Alabama · 1892
- McCaskey & Ratcliff v. Pollock & CoSupreme Court of Alabama · 1886
- Comer v. ReidSupreme Court of Alabama · 1890
- Weedon v. JonesSupreme Court of Alabama · 1894
- Davis v. LeeAlabama Court of Appeals · 1930