Garner v. Johnson
Supreme Court of Alabama
ERROR to the Circuit Court of Pickens. Tried before the Hon. B. W. HusttiNGTON. Tbe plaintiffs in error, who were also plaintiffs in the court below, sued out their writ of capias ad respondendum in as-sumpsit, on the 15th day of October, 1851, against Johnson, returnable to the Circuit Court of Pickens, which commenced its session on the 20th of the same month.
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ERROR to the Circuit Court of Pickens. Tried before the Hon. B. W. HusttiNGTON. Tbe plaintiffs in error, who were also plaintiffs in the court below, sued out their writ of capias ad respondendum in as-sumpsit, on the 15th day of October, 1851, against Johnson, returnable to the Circuit Court of Pickens, which commenced its session on the 20th of the same month. This writ was received and returned by the sheriff of Pickens, on the same day it issued, with his endorsement: “Defendant not found in my county, Octo. 15th, 1851: (Signed) B. G. McAllister, sh’ff.” During the term of the court to…
1Opinion of the CourtChilton, C. J.
It was provided by the act of 1883, (Clay’s Dig. 54, § 1,) that “ when a writ shall issue from any of the courts of this State, commanding the sheriff, or other *499Officer, to take the body of any person, to answer any civil action in said court, and the sheriff shall return that the defendant is not found within his county, the plaintiff may, at his election, sue out an attachment against the personal estate of such defendant, or an alias or pluries capias, returnable in the same manner as original process,” &c.
The act of 27th January, 1845, (Pamphlet Acts ’44-45, 137) provides, “that,…
2Cases cited2 opinions
- Cobb v. Miller, Ripley & Co.Supreme Court of Alabama · 1846
- Elmes v. McKenzieSupreme Court of Alabama · 1843
3Cited by13 opinions
- Owen v. SlatterSupreme Court of Alabama · 1855
- Allen v. ElliottSupreme Court of Alabama · 1880
- Stebbins v. AnthonySupreme Court of Colorado · 1880
- Ex Parte RegisterSupreme Court of Alabama · 1952
- DeJarnette v. DreyfusSupreme Court of Alabama · 1909
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