Mathis v. Carpenter
Supreme Court of Alabama
Appeal from tbe City Court of Anniston. Tried before tbe Hon. B. E. Cassady. Tbis was a motion by G. H. Matbis against L. P. Carpenter as sheriff, and Wiley Carpenter, W. M. Hyatt, J. E. DeArman, J. B. Palmer, J. 0. Watson, and Jas.
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Appeal from tbe City Court of Anniston. Tried before tbe Hon. B. E. Cassady. Tbis was a motion by G. H. Matbis against L. P. Carpenter as sheriff, and Wiley Carpenter, W. M. Hyatt, J. E. DeArman, J. B. Palmer, J. 0. Watson, and Jas. E. Watson, as sureties on bis official bonds; and was commenced on 'tbe 5tb July, 1890. Tbe cause of action was tbe sheriff’s failure to levy an attachment, which tbe plaintiff bad sued out against one 0. Roberts, bis tenant, on certain goods, furniture and effects in tbe rented bouse, and which were pointed out to him as subject to levy, and a' bond of indemnity…
1Opinion of the CourtColeman, J.
Appellant as plaintiff moved for a summary judgment against the defendant Carpenter, as sheriff, and liis sureties, for failing to levy an attachment. The aA^erments of the motion are, that the writ of attachment Avas placed in the hands of the sheriff, property pointed out to him as belonging to the defendant in attachment, and .that the sheriff Avas duly indemnified to make the levy. The defendants’ pleas were three in number : 1st, that the writ was not received by him, or any one authorized to receive it; 2d, that defendant had no property subject to levy under the attachment; and, 3d,…
2Cases cited2 opinions
- Wilson v. StrobachSupreme Court of Alabama · 1877
- Smith, Stewart Co. v. CastellowSupreme Court of Alabama · 1889
3Cited by7 opinions
- Malone v. HowellSupreme Court of Florida · 1939
- Powell v. Fidelity & Deposit Co.Court of Appeals of Georgia · 1932
- Kennedy v. SmithSupreme Court of Alabama · 1892
- Forehand v. StateSupreme Court of Florida · 1937
- Wipperman Mercantile Co. v. RobbinsNorth Dakota Supreme Court · 1912
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