Stevenson v. O'Hara
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. MoKihstry. The appellee commenced suit against the appellant by original attachment sued out before the clerk of the City Court, and judgment by default was taken at the return term of the writ. From this judgment the present appeal js taken, and it is here assigned for error, among other things, that the clerk had no authority to issue the attachment, and the judgment is therefore void.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. MoKihstry. The appellee commenced suit against the appellant by original attachment sued out before the clerk of the City Court, and judgment by default was taken at the return term of the writ. From this judgment the present appeal js taken, and it is here assigned for error, among other things, that the clerk had no authority to issue the attachment, and the judgment is therefore void. No briefs were submitted by counsel on this point.
1Opinion of the Court
CHILTON, 0. J.
The City Court of Mobile is vested with all the powers vested in the several Circuit Courts, except as to actions brought to try titles to land. — Acts of 1851-2, pp. 75, 76. It does not follow, however, that the clerk of that court shall be vested with all the extraordinary powers which have been committed by acts of the legislature to the clerks of the Circuit Courts. As to the issue of all ordinary process which, pertains to the clerk of a court exercising, with one exception, general common-law jurisdiction, there can be no doubt that the clerk’s power is complete and ample.…
2Cited by10 opinions
- Lewis v. Dubose & Co.Supreme Court of Alabama · 1856
- Minniece v. JeterSupreme Court of Alabama · 1880
- Nordlinger v. GordonSupreme Court of Alabama · 1882
- Vann & Waugh v. Adams, Thorne & Co.Supreme Court of Alabama · 1882
- Cauly v. BlueSupreme Court of Alabama · 1878
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