Southern Timber & Investment Co. v. Poe
Supreme Court of Alabama
Appeal from Clarke Circuit Court. Heard before Hon. John T. Lackland. Action by Frank Poe against the Southern Timber & Investment Company. From a judgment in favor of plaintiff, defendant appeals. Frank Poe sued out an attachment against the Southern Timber & Investment Company, a. nonresident, to enforce a money demand, which was levied on certain personal property and real estate described in the returns of the sheriff.
Read the full summary
Appeal from Clarke Circuit Court. Heard before Hon. John T. Lackland. Action by Frank Poe against the Southern Timber & Investment Company. From a judgment in favor of plaintiff, defendant appeals. Frank Poe sued out an attachment against the Southern Timber & Investment Company, a. nonresident, to enforce a money demand, which was levied on certain personal property and real estate described in the returns of the sheriff. What purports to be a nonresident publication, together with the affidavit of Isaac Grant that said notice was published in the Clarke County I >emocrat once a week for…
1Opinion of the CourtDenson, J.
— This suit was commenced by original attachment for the enforcement of a money demand. The .affidavit for the attachment shows that the defendant is *597a nonresident of the State of Alabama. There ivas neither appearance nor plea for the defendant, but a personal judgment ivas rendered against it by default. There is no pretense that actual notice was given, nor does the judgment entry show any proof of constructive notice to the defendant of the issuance and levy of the attachment. There is in the transcript an affidavit by Isaac Grant as to .the publication of notice; but neither the order of…
2Cases cited1 opinion
- Diston & Sons v. HoodSupreme Court of Alabama · 1887
3Cited by1 opinion
- Southern Timber & Investment Co. v. CreaghSupreme Court of Alabama · 1908