Ellis v. Pratt City
Supreme Court of Alabama
Appeal from the City Court of Birmingham. Tried before the Hon. William W. Wilkerson. On the 17th day of May, 1894, Susan Ellis, the appellant, recovered of appellee, Pratt City, a judgment for $1,000 damages and $94.60 costs in an action of tort in the city court of Birmingham. On the 21st day of May, 1895, a garnishment on said judgment was duly sued out, and on the 22d day of May, 1895, said garnishment was served on the Southern Insurance Company, one of the garnishees.
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Appeal from the City Court of Birmingham. Tried before the Hon. William W. Wilkerson. On the 17th day of May, 1894, Susan Ellis, the appellant, recovered of appellee, Pratt City, a judgment for $1,000 damages and $94.60 costs in an action of tort in the city court of Birmingham. On the 21st day of May, 1895, a garnishment on said judgment was duly sued out, and on the 22d day of May, 1895, said garnishment was served on the Southern Insurance Company, one of the garnishees. On the 20th day of June, 1895, said garnishee filed its written answer, and being required to answer orally, did answer…
1Opinion of the CourtHaralson, J.
1. Section 2514 of the Code provides, that “All property, real or personal, belonging to the sevgral counties or municipal corporations of this *631State, and used for county or municipal purposes, shall be exempt from levy and sale under any process, judgment or decree whatsoever.”
In Mayor v. Rumsey, 63 Ala. 352, touching the power of municipal corporations to purchase and hold property for municipal purposes, this court said: “We do not hesitate to declare, that city property owned or used by the corporation for public purposes, such as public buildings, pniblic markets, hospitals, cemeteries,…
2Cases cited12 opinions
- Mitchell v. MilhoanSupreme Court of Kansas · 1873
- Klein v. New OrleansSupreme Court of the United States · 1879
- Houghton v. LeeCalifornia Supreme Court · 1875
- Kaiser v. SeatonSupreme Court of Iowa · 1883
- Mayor of Birmingham v. Rumsey & Co.Supreme Court of Alabama · 1879
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3Cited by17 opinions
- Hill v. First National BankSupreme Court of Florida · 1920
- Miller v. First National BankSupreme Court of Alabama · 1915
- Patten Package Co. v. HouserSupreme Court of Florida · 1931
- Eastern Union Co. of Delaware, Inc. v. Moffat Tunnel Improvement DistrictSuperior Court of Delaware · 1934
- Cleveland v. McCannaNorth Dakota Supreme Court · 1898
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