Nelson v. Goree'r Adm'r
Supreme Court of Alabama
Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon C. W. Rapiee,. This action was brought by L. N. Walthall, as tbe administrator ofRobert T. Goree, deceased, against Marrast & Lee, commission-merchants in Mobile, to recover tbe sum of $>1804 57, “the balance of tbe proceeds of one hundred and fourteen bales of cotton, sold by defendants as tbe factors of, and for and on account of said Robert T. Goree in bis life-time and was commenced on tbe 29th April, 1858. At…
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Appeal from tbe Circuit Court of Mobile. Tried before tbe Hon C. W. Rapiee,. This action was brought by L. N. Walthall, as tbe administrator ofRobert T. Goree, deceased, against Marrast & Lee, commission-merchants in Mobile, to recover tbe sum of $>1804 57, “the balance of tbe proceeds of one hundred and fourteen bales of cotton, sold by defendants as tbe factors of, and for and on account of said Robert T. Goree in bis life-time and was commenced on tbe 29th April, 1858. At tbe next ensuing term of tbe court, on tbe ajoplication of the defendants, A. S. Nelson, who was tbe administrator of…
1Opinion of the CourtStone, J.
Section 2144 of the Code reads as follows: “A defendant, against whom an action is pending upon any contract for the payment of money, may, at any time before issue joined, make affidavit in writing, that a person not a party to the action, and without collusion with him, claims the money in controversy, and deposit the money iu court, praying an order that the person so claim1 ing the money be substituted in Ms place. The court must thereupon direct notice to be given to the claimant of the money and the plaintiff, and may, in'its discretion, after such notice has been served, make the order…
2Cases cited27 opinions
- Hart v. EyckNew York Court of Chancery · 1816
- Pearson v. DarringtonSupreme Court of Alabama · 1858
- Pickens v. OliverSupreme Court of Alabama · 1857
- Vincent v. RogersSupreme Court of Alabama · 1857
- Perminter v. KellySupreme Court of Alabama · 1851
22 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- McDonald v. McDonaldSupreme Court of Alabama · 1924
- Griese-Traylor Corporation, a Florida Corporation v. The First National Bank of Birmingham, a National Banking AssociationCourt of Appeals for the First Circuit · 1978
- Hoglan v. MooreSupreme Court of Alabama · 1929
- Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
- Stewart v. SampleSupreme Court of Alabama · 1910
13 more not listed; retrieve them via the Exa API.