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SCHAEFER v. POST & FLAGG

No. 4523.

10 F.Supp. 827 (1935)

SCHAEFER v. POST & FLAGG et al.

District Court, N. D. Alabama, S. D.

May 9, 1935.

Attorney(s) appearing for the Case

William S. Pritchard and C. W. Taylor, both of Birmingham, Ala. (Monette & Taylor, of Birmingham, Ala., of counsel), for plaintiff.

Douglas Arant and William Alfred Rose, both of Birmingham, Ala. (Bradley, Baldwin, All & White, of Birmingham, Ala., of counsel), for defendant.

Benners, Burr, McKamy & Forman, of Birmingham, Ala., for Howel Cotton Company of Birmingham, Inc., garnishee.

GRUBB, District Judge.

The plaintiff commenced an action in the circuit court for the Tenth judicial circuit of Alabama against the defendant Post & Flagg, a partnership composed of non-residents of Alabama. The case was thereafter removed to this court. The complaint contains counts for conversion and for money had and received. The defendant has no office in Alabama. Not being able to obtain personal service on the defendant, the plaintiff sought to obtain service...

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