McKensie v. Rothschild
Supreme Court of Alabama
Appeal from Henry Circuit Court. Tried before Hon. J. W.- Foster. Appellants, W. R. McKensie et al. sued out attachments against H. Blumberg and levied on the goods in suit. D. Rothschild instituted a claim suit. On the trial plaintiffs proved their debts, the levy of their attachments upon the property in the possession of the defendant, and the value of the property.
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Appeal from Henry Circuit Court. Tried before Hon. J. W.- Foster. Appellants, W. R. McKensie et al. sued out attachments against H. Blumberg and levied on the goods in suit. D. Rothschild instituted a claim suit. On the trial plaintiffs proved their debts, the levy of their attachments upon the property in the possession of the defendant, and the value of the property. The claimant introduced evidence tending to show that he had sold the property levied on to H. Blumberg; that at the time of the sale, Blumberg made a statement to claimant showing his assets to be worth $7,000.00, and his…
1Opinion of the CourtColeman, J.
The appellants, as creditors of H. Blumberg, sued out attachments against Mm, which' were levied .upon certain goods and merchandise found in his possession. The appellee made affidavit; gave bond and interposed a claim to the goods. An issue' was made up and the trial resulted in verdict for the claimant. The plaintiffs in attachment appealed, and have assigned certain rulings of the court, upon the admission of evidence and instructions given to the jury; as error. The claimant was the vendor of the goods levied upon under the attachments, and his right to recover depends upon the question…
2Cases cited2 opinions
- LeGrand v. Eufaula National BankSupreme Court of Alabama · 1886
- Maxwell v. Brown Shoe Co.Supreme Court of Alabama · 1896
3Cited by2 opinions
- Jones v. H. M. Hobbie Grocery Co.Court of Appeals for the Fifth Circuit · 1917
- German National Bank of Ripon v. Princeton State BankWisconsin Supreme Court · 1906