Legal Opinion

Weis v. Levy

Supreme Court of Alabama

Decided December 15, 1881PublishedCited by 11 opinions

Appeal from Mobile Circuit Court. Tried before Hon. IT. T. Toulmin. This was a contest of a claim of exemption lodged by-Theodore "Weis with the sheriff of Monroe county, whereby he-claimed as exempt to him from levy and sale certain personal! property on which said sheriff had levied an attachment issued! out of the Circuit Court of Mobile county, on 27th December,., 1878, at the suit of M. P. Levy & Co., and against the said, Weis.

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Appeal from Mobile Circuit Court. Tried before Hon. IT. T. Toulmin. This was a contest of a claim of exemption lodged by-Theodore "Weis with the sheriff of Monroe county, whereby he-claimed as exempt to him from levy and sale certain personal! property on which said sheriff had levied an attachment issued! out of the Circuit Court of Mobile county, on 27th December,., 1878, at the suit of M. P. Levy & Co., and against the said, Weis. The property claimed as exempt is particularly described in the claim, and amounted in value to the sum of" $327.90. The cause was tried in the court below on an…

1Opinion of the Court

BBICKELL, O. J.

The point of contention in the Circuit Court seems to have been whether the right of the appellant to an exemption of personal property, was not exhausted by a former claim and allotment to him, when a prior attachment in favor of Lyons & Co. was levied in Escambia county or whether the fact that a part of the property then claimed, 'had been taken from him by judicial process, entitled him to an exemption of -other property, so that he would have one thous- and dollars worth of personal property of his own selection, which he could retain free from liability to his debts. It…

2Cases cited3 opinions

  1. Beggs v. StateSupreme Court of Alabama · 1876
  2. Bishop v. StateSupreme Court of Alabama · 1857
  3. Alabama Conference v. VaughanSupreme Court of Alabama · 1875

3Cited by11 opinions

  1. Walker v. Williams & Bouler Construction CompanyCourt of Civil Appeals of Alabama · 1970
  2. Roberts v. Carraway Methodist Med. Ctr.Court of Civil Appeals of Alabama · 1991
  3. A. C. Nichols & Co. v. PorterCourt of Appeals of Texas · 1894
  4. Alabama Telco Credit Union v. GibbonsCourt of Civil Appeals of Alabama · 2015
  5. Bush v. ArnoldMissouri Court of Appeals · 1892

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