Lehman, Durr & Co. v. Warren & Burch
Supreme Court of Alabama
Appeal from Circuit Court of Montgomery. Tried before Hon. James Q. Smith. This was a trial, under the statute, to the right of property to six bales of cotton, between Lehman, Durr & Co., claimants and appellants, and appellees, Warren & Burch, attaching creditors of “D. L. Campbell & Co.,” wbo afterwards recovered judgment against D. L. Campbell & Co. in the attachment suit.
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Appeal from Circuit Court of Montgomery. Tried before Hon. James Q. Smith. This was a trial, under the statute, to the right of property to six bales of cotton, between Lehman, Durr & Co., claimants and appellants, and appellees, Warren & Burch, attaching creditors of “D. L. Campbell & Co.,” wbo afterwards recovered judgment against D. L. Campbell & Co. in the attachment suit. The affidavit of claimants was made by Durr, a member of the firm, who states therein that the six bales levied on “is not the property of D. L. Campbell & Co., Dut is the property of Lehman, Durr & Co., and that they…
1Opinion of the CourtBrickell, C. J.
Before the statute, authorizing the interposition of a claim to property levied on by attachment, or execution, and a trial of the right to such property, whether it was in the claimant, or in the defendant in the process, the remedy was by an action of trespass against the officer levying the process, or of trover or detinue, against him, or those obtaining possession from him. The statutory remedy is cumulative, and can be maintained only when one of these actions could be supported at common law. It follows that, as in these actions the plaintiff must have recovered on the strength of his…
2Cases cited8 opinions
- Magee v. BillingsleySupreme Court of Alabama · 1842
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
- Langdon & Co. v. BrumbySupreme Court of Alabama · 1844
- Everett v. United StatesSupreme Court of Alabama · 1837
- Frow & Ferguson v. DownmanSupreme Court of Alabama · 1847
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. RogersSupreme Court of Alabama · 1894
- Hamburg v. O. P. Wood & Co.Texas Supreme Court · 1886
- Warren v. LiddellSupreme Court of Alabama · 1895
- Shahan v. Herzberg, Simpson & Co.Supreme Court of Alabama · 1882
- Millitello v. B. F. Roden Grocery Co.Supreme Court of Alabama · 1914
9 more not listed; retrieve them via the Exa API.