Decatur & Nashville Improvement Co. v. Crass
Supreme Court of Alabama
Appeal from City Court of Decatur. Tried before Hon. William H. Simpson. insisted that tbe damages should have been assessed by a jury, citing 1 Black on Judgm. 389; Hickman v. B. & O. B. B. Go., 30 W. Ya. 296; Porter v. Burleson, 38 Ala. 343; Sterrett v. Karsner, 37.Ala. 366; Gurry v. Wilson, 48 Ala. 638; Dunlap v. Horton, 49 Ala. 412; 1 Black on Judgments, § 91, also, that the affidavit was constructive notice only of the amount set forth as a claim, and is not notice of a…
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Appeal from City Court of Decatur. Tried before Hon. William H. Simpson. insisted that tbe damages should have been assessed by a jury, citing 1 Black on Judgm. 389; Hickman v. B. & O. B. B. Go., 30 W. Ya. 296; Porter v. Burleson, 38 Ala. 343; Sterrett v. Karsner, 37.Ala. 366; Gurry v. Wilson, 48 Ala. 638; Dunlap v. Horton, 49 Ala. 412; 1 Black on Judgments, § 91, also, that the affidavit was constructive notice only of the amount set forth as a claim, and is not notice of a greater amount. cited 82 Ala. 294; 78 Ala. 573; 36 Ala. 92; Tushaloosa Man. Go. v. Mayor, 38 Ala. 516.
1Opinion of the CourtHaealson, J.
— The attachment in this case was sued out at the instance of appellee, against the estate of appellant, on the ground that it is a non-resident.
The amount claimed in the affidavit as due is $40,000. Bond was given as is required in attachment cases, and recites that the writ was returnable to the next term of the court. The writ was issued September 24, 1890, retunable on its face October 25,1890, and publication was made pursuant to the statute prescribing notice to non-residents in attachment cases.
A complaint was filed on the 1st of December, 1890, claiming the sum of $65,000, instead of…
2Cases cited6 opinions
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Hutchison & Wilson v. PowellSupreme Court of Alabama · 1890
- Fears v. ThompsonSupreme Court of Alabama · 1886
- Perkerson v. SnodgrassSupreme Court of Alabama · 1887
- McAbee v. ParkerSupreme Court of Alabama · 1885
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3Cited by1 opinion
- Boswell v. SladeSupreme Court of Alabama · 1922