Toenes v. Moog
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the lion. ¥i. E. Clarke. The record in this case shows that, on the 6th December, 1884, four separate judgments were rendered by a justice of the peace, in favor of Bernard ■ Moog, “ use &c.,'” against Henry Toenes; that an execution was issued on each of these judgments, on the 6th December, and was levied by the constable, on the same day, on certain lands, in default of personal pi’operty, and notice of the levy w.as…
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Appeal from the Circuit Court of Mobile. Tried before the lion. ¥i. E. Clarke. The record in this case shows that, on the 6th December, 1884, four separate judgments were rendered by a justice of the peace, in favor of Bernard ■ Moog, “ use &c.,'” against Henry Toenes; that an execution was issued on each of these judgments, on the 6th December, and was levied by the constable, on the same day, on certain lands, in default of personal pi’operty, and notice of the levy w.as given to the defendant; that the executions being' then returned to the justice, he transmitted a certified copy of the…
1Opinion of the CourtStone, C. J.
Sections 2828 and 2829 of the Code of 1876 provide for declaring homestead and other exemptions of property by residents of this State, and for having them recorded ; and section 2830 provides that, “ after the filing of such declaration and claim for record, no execution, attach-, ment, or other process for debt, shall be levied on such property,” unless certain named steps be taken. These sections of the Code have no bearing on this case,, so far as the right to levy process on the property is concerned ; for no such claim appears to have been declared, or filed for record. Section 2834…
2Cases cited13 opinions
- Miller v. MarxSupreme Court of Alabama · 1876
- Keel v. LarkinSupreme Court of Alabama · 1882
- Fellows v. LewisSupreme Court of Alabama · 1880
- Zelnicker v. Brigham & Co.Supreme Court of Alabama · 1883
- Randolph v. LittleSupreme Court of Alabama · 1878
8 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Cross v. Bank of EnsleySupreme Court of Alabama · 1921
- Chandler v. ChandlerSupreme Court of Alabama · 1888
- Poole v. GriffithSupreme Court of Alabama · 1927
- Lackland v. RogersSupreme Court of Alabama · 1896
- Rogers v. LacklandSupreme Court of Alabama · 1897
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