Jones v. Holland
Supreme Court of Alabama
Appeal Rom the Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. Appellee commenced suit by attachment on the 18th' day of September, 1869, to recover Rom his tenant the amount due for rent, which it is shown in the affidavit for attachment was payable on the 1st day of November, 1869. On the 21st day of October, 1869, a proper complaint having been filed before that time, judgment by default was rendered against defendant, the tenant of appellee.
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Appeal Rom the Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. Appellee commenced suit by attachment on the 18th' day of September, 1869, to recover Rom his tenant the amount due for rent, which it is shown in the affidavit for attachment was payable on the 1st day of November, 1869. On the 21st day of October, 1869, a proper complaint having been filed before that time, judgment by default was rendered against defendant, the tenant of appellee. This appeal is taken on the record, and it is now assigned as error that the. judgment was rendered before the debt was due.
1Opinion of the Court
B. F. SAFFOLD. J.
The suit was commenced by attachment, and was for the recovery of the rent of land due, as stated in the affidavit, on the 1st of November, 1869. The judgment by default was obtained October 21,1869.
An attachment may issue to enforce the collection of a debt not due, but the complaint is not required to be filed until the maturity of the debt. — Rev. Code, §§ 2927, 2999. There is no authority for rendering judgment against the defendant until the debt is due.
The judgment is reversed and the cause remanded.
2Cited by2 opinions
- Ex parte Seals Piano & Organ Co.Supreme Court of Alabama · 1914
- Wayne Pump Co. v. HarrisonSupreme Court of Alabama · 1945