Rice v. Clements
Supreme Court of Alabama
APPEAL from Circuit Court of Tuscaloosa. Tried before Hon. W. S. Mull. Appellees’ testator, Bufus H. Clements, commenced this -suit by attachment against the appellant, Bice, in November, 1875; Clements died in December, 1875, and the appellees soon after qualified as his executors.
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APPEAL from Circuit Court of Tuscaloosa. Tried before Hon. W. S. Mull. Appellees’ testator, Bufus H. Clements, commenced this -suit by attachment against the appellant, Bice, in November, 1875; Clements died in December, 1875, and the appellees soon after qualified as his executors. The notice of the levy which was served on the appellant in April, 1876, more than twenty days before the commencement of the term at which the cause was tried, recited that it was served “ in a certain ■cause wherein B. H. Clements was plaintiff.” At the May term, 1876, the return term of the attachment, the…
1Opinion of the CourtBrickell, C. J.
Prior to the statute of December 17, 1873 (Pamph. Acts 1873, p. 57), suits commenced by attachment were not triable at the the first term after the issue and levy of the attachment.—Standifer v. Toney, 43 Ala. 70; Letondal v. Huguenin, 26 Ala. 552; Napper v. Noland, 9 Port. 218. Under that statute, if the defendant is a resident of the State, and the levy is made, and notice thereof given him twenty days before the commencement of the term, and the attachment is founded on a debt or demand which is due,. the return term is the trial term. The mode of giving notice is prescribed by the…
2Cases cited4 opinions
- Letondal v. HugueninSupreme Court of Alabama · 1855
- Hatch v. CookSupreme Court of Alabama · 1839
- Napper v. NolandSupreme Court of Alabama · 1839
- Standifer v. Toney, Grantland & Co.Supreme Court of Alabama · 1869