Knowles v. Steed
Supreme Court of Alabama
Appeal from the Circuit Court of Clay. Tried before the Hon. Leroy F. Box. This action was brought by John ~W. Knowles, against Alex.
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Appeal from the Circuit Court of Clay. Tried before the Hon. Leroy F. Box. This action was brought by John ~W. Knowles, against Alex. M. Steed and his wife; and was commenced by attachment, sued out before a justice of the peace on the 29th November, 1880. The affidavit for the attachment stated, that plaintiff: “rented to A. M. Steed and his wife, Susan E. Steed, his undivided half interest in the Steed & Knowles farm for the year 1880, for the sum of one hundred dollars; and that they, as such tenants, have removed a portion of the crops grown on said rented premises, without the knowledge…
1Opinion of the CourtStone, C. J.
In Fitzsimmons v. Howard, 69 Ala. 590, speaking of affidavits as a leading process in attachments for rent, we enumerated certain jurisdictional averments, which, we said, the affidavit must contain ; and, failing in either of them, we declared it was not amendable. We added: “An affidavit, wanting in any of these essentials, will be abated on plea.” Among the essentials, we mentioned the enumerated statutory acts of malfeasance by the tenant, which will authorize attachment for rent; the one applicable to this case being, “that the tenant has removed from the premises . . some part of the…
2Cases cited7 opinions
- Glaze v. BlakeSupreme Court of Alabama · 1876
- Abrams v. JohnsonSupreme Court of Alabama · 1880
- Flexner v. DickersonSupreme Court of Alabama · 1880
- Staggers v. WashingtonSupreme Court of Alabama · 1876
- Clough v. JohnsonSupreme Court of Alabama · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Louisville & Nashville Railroad v. BarkerSupreme Court of Alabama · 1892
- Motes v. BatesSupreme Court of Alabama · 1885
- Baxley v. SegrestSupreme Court of Alabama · 1887