Smith v. Huddleston
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action brought by the appellee, George Huddleston, against the appellant, Joseph S. Smith, for money had and received. The facts of the case are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James J. Banks. This was an action brought by the appellee, George Huddleston, against the appellant, Joseph S. Smith, for money had and received. The facts of the case are sufficiently stated in the opinion. There was judgment for plaintiff, and defendant appeals, and assigns as error the rendition of said judgment. cited Kahn v. Loche-, 75 Ala. 332; McKleroy v. Gantey, 95 Ala. 295 ; Westmoreland v. Foster, 60 Ala. 455 ; Thompson v. Merriman, 15 Ala. 166. 1. A sheriff can not be allowed compensation for clerk hire in making…
1Opinion of the Court
BRIOKELL, O. J.
The appellee was plaintiff in the court below, suing the defendant for money had and received. The facts, as shown in the bill of exceptions, are, that the appellee is the assignee in an assignment made by a mercantile firm for the benefit of their creditors, which on its face was made subject to the liens of three attachments, the appellant, as sheriff, had levied on a stock of merchandise, which was in a storehouse rented by the assignors for the year 1891; and of the rent there was accruing, at the time of the levy of the attachments, three monthly instalments of forty…
2Cases cited8 opinions
- Crofut v. . BrandtNew York Court of Appeals · 1874
- Grangers' Life & Health Insurance v. HamperSupreme Court of Alabama · 1882
- Walker v. Miller & Co.Supreme Court of Alabama · 1847
- Ex parte BarnesSupreme Court of Alabama · 1887
- Thompson v. MerrimanSupreme Court of Alabama · 1849
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Connecticut General Life Ins. Co. v. SmithSupreme Court of Alabama · 1932
- Brock v. Berry, Demoville& Co.Supreme Court of Alabama · 1901
- In re ScruggsDistrict Court, S.D. Alabama · 1913
- Mathers v. BarrowSupreme Court of Alabama · 1918
- In re Southern Hardware & Supply Co.District Court, S.D. Alabama · 1913
1 more not listed; retrieve them via the Exa API.