Towns v. Alford
Supreme Court of Alabama
The plaintiffs in error caused an original attachment to be sued out against the estate of Salem C. Garrett, returnable to the Circuit Court of Tallapoosa; which the sheriff levied on a stock of goods in the possession of the defendants, and also by summoning John W. Butler and Berry Horn as garnishees. The defendants claimed the goods levied on as their own property, and executed a bond to try the right to the same, pursuant to the statute.
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The plaintiffs in error caused an original attachment to be sued out against the estate of Salem C. Garrett, returnable to the Circuit Court of Tallapoosa; which the sheriff levied on a stock of goods in the possession of the defendants, and also by summoning John W. Butler and Berry Horn as garnishees. The defendants claimed the goods levied on as their own property, and executed a bond to try the right to the same, pursuant to the statute. Whereupon an issue was made up and tried by a jury, who found a verdict in favor of the defendants. On the trial, a bill of exceptions was taken by the…
1Opinion of the CourtCollier, C. J.
1. By the eleventh section of the attachment law, it is provided that, if' property levied on by an attachment, be claimed by a third person, bond may be given to try the right as in other cases; on which the samé proceedings shall be had “ as in trials of the right of property taken by virtue of a fieri facias.” [Aik. Dig. 40.] The seventh section of the act of 1828, “the better to provide for ..the trial of the right of property, and for other purposes,” [Aikin’s Di-gets 171,] enacts that, “ so much of the law now in force as requires two bonds to be taken for the trial of the right of…
2Cases cited2 opinions
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- M. C. Lee & Co. v. WilmerdingTexas Supreme Court · 1882
- Porter v. StateDistrict Court of Appeal of Florida · 1980
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