McCreery & Co. v. Berney National Bank
Supreme Court of Alabama
Appeal from the City Court of Birmingham, in Equity. Heard before the Hon. H. A. Sharpe.- The bill in this case was filed by the appellants as creditors 6f B. Somers & Co. against the appellees, the Berney National Bank and B. Somers & Co. The bill averred that on December 4, 1893, the Berney National Bank sued out an attachment in the city court of Birmingham against respondents, B. Somers & Co., and had it levied on one stock of dry goods in store No. 2019 First Avenue, in…
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Appeal from the City Court of Birmingham, in Equity. Heard before the Hon. H. A. Sharpe.- The bill in this case was filed by the appellants as creditors 6f B. Somers & Co. against the appellees, the Berney National Bank and B. Somers & Co. The bill averred that on December 4, 1893, the Berney National Bank sued out an attachment in the city court of Birmingham against respondents, B. Somers & Co., and had it levied on one stock of dry goods in store No. 2019 First Avenue, in said city, worth $15,000 ; one complete set .of store fixtures, consisting of counters, shelving, iron safe, desk and…
1Opinion of the CourtBrickell, C. J.
This is an appeal from a decree sustaining a demurrer to a bill of complaint filed by appellants, creditors of B. Somers & Co., which seeks to have declared void a sale of personal property, which had been seized as the property of said B. Somers & Co. under a writ of'attachment sued out by the Berney National Bank, and sold under an order of the court, in advance of judgment, as “perishable property,” and purchased at the sale by the Berney National Bank ; and to have the latter declared a trustee of said property, or the proceeds thereof, and compelled to account as such. The property…
2Cases cited6 opinions
- McDonald v. PearsonSupreme Court of Alabama · 1896
- Flewellen v. CraneSupreme Court of Alabama · 1877
- O'Bear Jewelry Co. v. Volfer & Co.Supreme Court of Alabama · 1894
- Millard's Adm'rs v. HallSupreme Court of Alabama · 1854
- Fort Payne Furnace Co. v. Fort Payne Coal & Iron Co.Supreme Court of Alabama · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Peters Mineral Land Co. v. HooperSupreme Court of Alabama · 1922
- Kelen v. BrewerSupreme Court of Alabama · 1930
- Riles v. Coston-Riles Lumber Co.Supreme Court of Alabama · 1922
- Henley v. RuckerSupreme Court of Alabama · 1922
- Hendon v. McCoySupreme Court of Alabama · 1931
7 more not listed; retrieve them via the Exa API.