Schamagel v. Whitehurst
Supreme Court of Alabama
Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Speake. The facts of the case are sufficiently stated in the opinion. 1. The plaintiff in this cause made out a prima facie case1.. 11 o proved the amount and existence of his debt by Montgomery, and also by the recitals in claimant’s bond., and this fact can not be controverted by claimant.
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Appeal from the Circuit Court of Franklin. Tried before the Hon. H. C. Speake. The facts of the case are sufficiently stated in the opinion. 1. The plaintiff in this cause made out a prima facie case1.. 11 o proved the amount and existence of his debt by Montgomery, and also by the recitals in claimant’s bond., and this fact can not be controverted by claimant. Boswell v. Carlisle, 55 Ala. 554.’ He further proved, that the defendant in attachment was in possession and owned the lumber levied on at the time of such levy.— Jackson r. Bain, 74 Ala. 328 ; Vaught v. Oehmiq, 95 Ala. 906. 2. The…
1Opinion of the CourtColeman, J.
The plaintiff Schamagel began a suit in assumpsit against W. P. Montgomery by attachment, which was levied upon a quantity of lumber, before a justice of the peace, returnable to his court. Appellee, Whitehurst, interposed a claim to the property, made affidavit, and gave bond, as required by the statute, to try the rights of property. The justice of the peace found the issue for the plaintiff in attachment, and condemned the property to the satisfaction of the judgment, which had been rendered in favor of the plaintiff against Montgomery. The claimant obtained a statutory writ of certiorari,…
2Cases cited9 opinions
- Jackson v. BainSupreme Court of Alabama · 1883
- Mayer v. ClarkSupreme Court of Alabama · 1866
- Taliaferro v. LaneSupreme Court of Alabama · 1853
- Rhodes & Broadfoot v. SmithSupreme Court of Alabama · 1880
- Crenshaw v. DavenportSupreme Court of Alabama · 1844
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bromberg v. First Nat. Bank of MobileSupreme Court of Alabama · 1937
- Brown v. FrenchSupreme Court of Alabama · 1909
- Millitello v. B. F. Roden Grocery Co.Supreme Court of Alabama · 1914
- McDonald v. StephensSupreme Court of Alabama · 1920
- Sloan v. HudsonSupreme Court of Alabama · 1898
8 more not listed; retrieve them via the Exa API.