Legal Opinion

Gillespie v. McClesky

Supreme Court of Alabama

Decided April 8, 1909Published

Appeal from Colbert Circuit Court. Heard before Hon. C. P. Almon. Action iu detinue by AY. IT. Gillespie against A. F. McCleskey, for goods, field by defendant, as .sheriff, by virtue of writs of attachment. From a judgment for defendant, plaintiff appeals. The facts sufficiently appear in the opinion of the court.

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Appeal from Colbert Circuit Court. Heard before Hon. C. P. Almon. Action iu detinue by AY. IT. Gillespie against A. F. McCleskey, for goods, field by defendant, as .sheriff, by virtue of writs of attachment. From a judgment for defendant, plaintiff appeals. The facts sufficiently appear in the opinion of the court. The following pleas were filed by the defendant : (3) “That on the 12tfi day of May, 1906, the defendant, as sheriff of Colbert county, levied on the property sued for in this case as the property of E. R. Nelles, under and by virtue of three writs of attachment issued out of the…

1Opinion

On Rehearing.

2Per curiam

Counsel in the application for rehearing insist that the $500 note due Bickley cannot be considered as rent, because, at the time Galloway bought the stock of goods from Webb, the matter of the back rent due by Webb was not brought to his attention, and no note was given for the same until some time afterward. There is no dispute about the facts that said note which'was renewed from time to time by the parties, was in fact for the rent which was due to Bickley, and that, at the time Galloway purchased the stock of goods, *299it was in the building belonging to Bickley. The written…

3Cases cited6 opinions

  1. Comer v. SheehanSupreme Court of Alabama · 1883
  2. Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
  3. Adkins v. BynumSupreme Court of Alabama · 1895
  4. Weil v. McWhorterSupreme Court of Alabama · 1891
  5. Aderhold v. Blumenthal & BeckertSupreme Court of Alabama · 1891

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