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116 Ala. 652

Oldacre v. Butler

Supreme Court of Alabama

Decided November 15, 1897

Supreme Court of Alabama · decided 1897-11-15

Tried before the Hon. 0. Kyle, Special Judge. J. F. and G. W. Butler recovered, in April, 1896, a judgment against H. S. Freeman in the circuit court of Morgan county, for the sum of $664.45 and cost of suit, and after the adjournment of the term of the. court in which said judgment was recovered, execution was issued thereon, and went to the hands of the sheriff of Morgan county, and alias and plures executions were issued on said judgment and placed in the hands of the…

Cited by 1 later decisions — most recently January 1923

1 state decisions

Relies on Winter v. Baldwin

Good law ✅— No negative treatment on recordhow we know

Decided 1897-11-15

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HEAD, J.

¶1We regard the principle ruled in Winter v. Baldwin, 89 Ala. 483, as applicable to this case, and of controlling influence upon its decision. The petition to vacate the levy upon the particular shares of stock, in question, alleges no fact going to show that the sale of that stock, and its transfer to another owner, by the process of execution, under our statute, would at all interfere with the operation of the bank as a governmental agency, offending the laws of the United States concerning national banks. If, as counsel suggests, the shares of officers of the bank could not be levied on and sold without putting such officers and directors out of office, and, consequently, that such a levy and sale would not be permitted because it would thus operate to obstruct the management of the bank, it will be time enough to say so, when that case arises. This petitioner is neither an officer nor director.

¶2The ruling of the special judge was correct, and the judgment is affirmed.

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