Abrams v. Johnson
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This was a summary proceeding, by notice and motion, at the suit of David Johnson, against Abe Abrams as constable, and B. W. Sharp as the surety on his official bond; and was commenced before a justice oil the peace, on the 27th September, 1880. The notice which was issued by the justice, as sent up by him, with the other papers in the cause, to the Circuit Court, only stated “that David…
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. John P. Hubbard. This was a summary proceeding, by notice and motion, at the suit of David Johnson, against Abe Abrams as constable, and B. W. Sharp as the surety on his official bond; and was commenced before a justice oil the peace, on the 27th September, 1880. The notice which was issued by the justice, as sent up by him, with the other papers in the cause, to the Circuit Court, only stated “that David Johnson, by his attorney, has this day filed a motion in this court, praying a judgment of fifty dollars against him, the…
1Opinion of the CourtStone, J.
— Section-8268 of the Code of 1876 declares, that “ attachments may be levied on . . personal property of the defendant; . and the officer executing the writ must indorse the levy or service thereon, and, if practicable, take the property in his possession, unless replevied, as hereinafter described.” Section 3289 : “ The defendant in attachment, or, in his absence, a stranger, may replevy the goods or chattels attached, by executing bond,”&c.
In French v. Stanley, 21 Maine, 512, the question was, whether an attachment had been levied oñ a mare. The deputy-sheriff was the witness, and he…
2Cases cited7 opinions
- Foster v. MabeSupreme Court of Alabama · 1842
- Bailey v. AdamsNew York Supreme Court · 1835
- Goode v. LongmireSupreme Court of Alabama · 1860
- Cobb v. CageSupreme Court of Alabama · 1845
- Staggers v. WashingtonSupreme Court of Alabama · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Hamilton v. MaxwellSupreme Court of Alabama · 1898
- Fleming v. MooreSupreme Court of Alabama · 1925
- Freeman v. SpeegleSupreme Court of Alabama · 1887
- Bolling & Son v. Vandiver & Co.Supreme Court of Alabama · 1890
- Watson v. SimmonsSupreme Court of Alabama · 1890
12 more not listed; retrieve them via the Exa API.