Goetter, Weil & Co. v. Smith Bros.
Supreme Court of Alabama
Appeal from the Circuit Court of Coosa. Tried before the Hon. James R. Dowdell. This was a Statutory claim suit instituted by the appellees, Smith Brothers, interposing a claim to certain property, which had been levied upon under an attachment sued out by Goetter, Weil & Co. against Gosden & Co. Upon the trial of the issue, as shown by the bill of exceptions, the plaintiffs proved that the indebtedness of Gosden & Co. to them fell due in the month of November, 1890 ; that a…
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Appeal from the Circuit Court of Coosa. Tried before the Hon. James R. Dowdell. This was a Statutory claim suit instituted by the appellees, Smith Brothers, interposing a claim to certain property, which had been levied upon under an attachment sued out by Goetter, Weil & Co. against Gosden & Co. Upon the trial of the issue, as shown by the bill of exceptions, the plaintiffs proved that the indebtedness of Gosden & Co. to them fell due in the month of November, 1890 ; that a part of this indebtedness was contract-, ed in July, 1890,and the balance subsequent to that time, and all of it was…
1Opinion of the CourtBrickell, C. J.
The appellants sued out an attachment against the partnership of Gosden & Co., which was lévied on a stock of merchandise in the possession of the appellees. The appellees, claiming property in the merchandise, instituted the statutory proceeding known as trial of the right of property, the issue in which, as prescribed by the statute, is an affirmation by the plaintiff in the process that the property levied on is the property of the defendant and liable to the satisfaction of the process. ' The assignments of error relate exclusively to the refusal of the court below on the trial to give…
2Cases cited17 opinions
- Hodges Bros. v. Coleman & CarrollSupreme Court of Alabama · 1884
- Borland v. MayoSupreme Court of Alabama · 1845
- Smith v. Collins & GriffithSupreme Court of Alabama · 1891
- Tyler v. TylerIllinois Supreme Court · 1888
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
12 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- In re Grocers' Baking Co.District Court, N.D. Alabama · 1920
- Pace v. WainwrightSupreme Court of Alabama · 1942
- Morton Hardware Co. v. BarrancoSupreme Court of Alabama · 1937
- Deposit Bank of Frankfort v. CaffeeSupreme Court of Alabama · 1902
- Stollenwerck v. Fourth Nat. BankSupreme Court of Alabama · 1921
2 more not listed; retrieve them via the Exa API.