Wigs Bros. v. Ringemann
Supreme Court of Alabama
Trial of Right of Property. Appeal from Morgan Circuit Court. Heard before Hon. W. B. Francis, Special Judge. Statutory trial of the right of property by Emma S. Ringemann against Wiggs Bros. From a judgment for claimant, defendants appeal.
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Trial of Right of Property. Appeal from Morgan Circuit Court. Heard before Hon. W. B. Francis, Special Judge. Statutory trial of the right of property by Emma S. Ringemann against Wiggs Bros. From a judgment for claimant, defendants appeal. The writ of attachment in this case is not void but may he amended so as to state a case coming under a different subdivision. — Dittman Boot & Shoe Go■. v. Mixon, 120 Ala. 206. Where the claimant interposes a claim under section 4141 of the Code of 1896, the lack of authority in the Chancellor cannot affect claimant’s right in the case, and she cannot…
1Opinion of the CourtSimpson, J.
This was a statutory trial of the right of property, instituted by the appellee, who claimed certain property which had been levied on under an attachment sued out by the appellant against the Rodman-Ringemann Company. The writ of attachment was issued by the chancellor, the affidavits on the original attachment were produced in evidence, and the court gave the general affirmative charge in favor of the claimant. The only points insisted upon in the argument of counsel for appellant are, first, that in this action the claimant could not raise the objection to the validity of the attachment,…
2Cases cited6 opinions
- Hayes v. HallMassachusetts Supreme Judicial Court · 1905
- Jackson v. BainSupreme Court of Alabama · 1883
- Taliaferro v. LaneSupreme Court of Alabama · 1853
- Nordlinger v. GordonSupreme Court of Alabama · 1882
- Vann & Waugh v. Adams, Thorne & Co.Supreme Court of Alabama · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Millitello v. B. F. Roden Grocery Co.Supreme Court of Alabama · 1914
- Floyd v. LuskMississippi Supreme Court · 1966
- Samuel Gans Co. v. TysonSupreme Court of Alabama · 1910