Friel v. North Birmingham Building Ass'n
Alabama Court of Appeals
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by the North Birmingham Building Association against J. M. and Mattie Woody, begun by attachment to enforce a landlord’s lien, in which Friel and others became sureties on the forthcoming bond. From an order dismissing the motion to stay execution on the bond, the sureties appeal.
Read the full summary
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crowe. Action by the North Birmingham Building Association against J. M. and Mattie Woody, begun by attachment to enforce a landlord’s lien, in which Friel and others became sureties on the forthcoming bond. From an order dismissing the motion to stay execution on the bond, the sureties appeal. The judgment was summary and notice should have been given the appellant before it was taken. — 1 Ala. 542; 3 Ala. 287. Motion must be made before jurisdiction is acquired to enter such a judgment. — 136 Ala. 609. The failure of the obligor…
1Opinion of the CourtPelham, J.
The appellee, as plaintiff, instituted attachment proceedings in the inferior court of Birmingham against J. M. Woody and Mattie Woody to enforce a landlord’s lien for the rent of a dwelling house. After levy of the attachment, the defendants in that suit made a forthcoming bond with the appellants T. H. Friel and P. L. Hagler as sureties. The plaintiff prosecuted the attachment suit to judgment in the inferior court, and an appeal was taken. The property was not forthcoming at the proper time, and the bond was forfeited. Whereupon the appellants filed a motion in the inferior court to stay…
2Cases cited1 opinion
- Dow Wire Works Co. v. EngelhardtSupreme Court of Alabama · 1902