Munter v. Leinkauff
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the lion. John P. Hubbard. This was an application by petition, by Mrs. Bertha Munter and others, for the supersedeas of a statutory execution against them on a forfeited claim bond, in favor of Leinkauff & Strauss, who wrere plaint'ffs in the original judgment. The court sustained a demurrer to the petition, and dismissed it; and this judgment is now assigned as error.
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Appeal from the Circuit Court of Montgomery. Tried before the lion. John P. Hubbard. This was an application by petition, by Mrs. Bertha Munter and others, for the supersedeas of a statutory execution against them on a forfeited claim bond, in favor of Leinkauff & Strauss, who wrere plaint'ffs in the original judgment. The court sustained a demurrer to the petition, and dismissed it; and this judgment is now assigned as error. The opinion states the material facts. cited Webb v. Bumpass, 9 Porter, 201; Campbell v. Spence, 4 Ala. 543; Dwnlap v. Clements, 18 Ala. T78; Warner v. Mains, 7 Johns.…
1Opinion of the CourtStone, C. J.
Leinkauff & Strauss recovered a judgment for six hundred and fourteen dollars, against M. Munter &' Brother, in June, 1879. Under an execution issued on said judgment, a stock of merchandise was levied on in the fall of 1883; but Mrs. Munter made affidavit that she had a just claim to the property levied on, and gave bond with sureties, “ with condition to have the property forthcoming for the satisfaction of. the judgment, if it [should] be found liable therefor ; and also for the payment of •such costs and damages as [might] be recovered for putting the claim in for delay.” Code of 1876, §…
2Cases cited5 opinions
- Dunlap v. ClementsSupreme Court of Alabama · 1851
- Anderson v. RheaSupreme Court of Alabama · 1844
- Barnett v. BassSupreme Court of Alabama · 1847
- McCollum v. HubbertSupreme Court of Alabama · 1848
- Brumby v. Langdon & Co.Supreme Court of Alabama · 1846
3Cited by9 opinions
- Roswald & Stoll v. Hobbie & TeagueSupreme Court of Alabama · 1887
- Thompson v. LassiterSupreme Court of Alabama · 1888
- Wollner & Lowenstein v. Lehman, Durr & Co.Supreme Court of Alabama · 1887
- Street v. DuncanSupreme Court of Alabama · 1897
- Sandlin v. Anderson, Green & Co.Supreme Court of Alabama · 1886
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