Slaton v. Apperson
Supreme Court of Alabama
Error to the Circuit Court of Perry. Before the Hon. J. D. Phelan. The plaintiff in error, sued out an attachment against the defendant, returnable before a justice of the peace. The attachment was levied on a buggy, in the county of Dallas, by a constable of Perry county, who took possession, and brought it into the county of Perry.
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Error to the Circuit Court of Perry. Before the Hon. J. D. Phelan. The plaintiff in error, sued out an attachment against the defendant, returnable before a justice of the peace. The attachment was levied on a buggy, in the county of Dallas, by a constable of Perry county, who took possession, and brought it into the county of Perry. The attachment being returned, showing that it had been levied on a buggy, as the property. ■ of the defendant, judgment by default was rendered against the defendant. From this judgment, an appeal was taken to the circuit court, and on the motion of the…
1Opinion of the CourtDargan, J.
The only ground for quashing the proceedings, and'setting aside the judgment rendered by the justice, was, that the levy had been made in Dallas county. This objection is only to the service of the attachment.' It is very clear, that the constable of' Perry,- had no authority to execute the writ in Dallas; but we do not think that the defendant can set aside this levy, byan appeal to the circuit court. The statute provides, that in all Cases of appeals from'a justice of the peace, the trial shall be had on the merits. Clay’s Dig. 315. The defence set up by the defendant, was not to the…
2Cases cited2 opinions
- Hill v. WhiteSupreme Court of Alabama · 1840
- Carter v. DouglassSupreme Court of Alabama · 1841
3Cited by3 opinions
- Edmunds v. State, ex rel. DedgeSupreme Court of Alabama · 1917
- City of Selma v. StewartSupreme Court of Alabama · 1880
- Perry v. Hurt, Corbin & AtkinsSupreme Court of Alabama · 1875