Seamans v. White
Supreme Court of Alabama
Error to the Circuit Court of Lawrence. The defendant in error commenced a suit by attachment, against John McBride, for fifty dollars, before a justice of the peace, as an absconding debtor, which was levied on a waggon. The waggon was claimed by Joshua Seamans, who gave bond to try the right. A trial was had before the justice, and verdict and judgment that the property was subject to the levy.
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Error to the Circuit Court of Lawrence. The defendant in error commenced a suit by attachment, against John McBride, for fifty dollars, before a justice of the peace, as an absconding debtor, which was levied on a waggon. The waggon was claimed by Joshua Seamans, who gave bond to try the right. A trial was had before the justice, and verdict and judgment that the property was subject to the levy. From this judgment Seamans appealed to the Circuit Court, and gave bond in the penalty of one hundred dollars, for its prosecution, with A. Woodall and H. Crowley as his securities; and subsequently,…
1Opinion of the CourtOrmond, J.
When a claim is interposed tinder the statute, to property levied on byan attaching creditor, the suit consequent upon the interposition of the claim, is wholly independent of the attachment, at least, so long as the attachment suit is pending. It is therefore unimportant when the claim suit is determined, whether á judgment has been obtained by the plaintiff against the defendant in attachment, or whether the suit is still .pending. If it has not been determined against the plaintiff in attachment, upon obtaining a verdict in the claim suit, against the claimant, he is entitled to ■ a…
2Cases cited1 opinion
- McBarnett v. BreedSupreme Court of Alabama · 1844
3Cited by9 opinions
- Wilder v. BushSupreme Court of Alabama · 1917
- Townsend v. BrooksSupreme Court of Alabama · 1884
- Goodgame v. Cole & Co.Supreme Court of Alabama · 1847
- Mullen v. MorrisNebraska Supreme Court · 1895
- Derrett v. AlexanderSupreme Court of Alabama · 1854
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