Wright v. Dubose
Alabama Court of Appeals
Appeal from Circuit Court, Barbour County; A. H. Alston, Judge. Action by S. J. Wright, as executor, against Dock Dubose, begun by attachment Judgment for defendant, and plaintiff appeals.
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Appeal from Circuit Court, Barbour County; A. H. Alston, Judge. Action by S. J. Wright, as executor, against Dock Dubose, begun by attachment Judgment for defendant, and plaintiff appeals. The cause was affirmed on the first submission for want of assignment of errors, but the affirmance was set aside, and the ■cause reinstated on the grounds as stated in the affidavit that the request was made uf a brother lawyer to assign errors and .submit the cause, but through misunderstanding of the request the cause was simply submitted, and no errors assigned; the .attorneys representing the…
1Opinion of the CourtBricken, J.
[1] For want of assignment of errors upon the part of appellant, this cause was affirmed on May 13, 1919. However, upon proper motion and showing to this court, the judgment of affirmance was set aside on June 12, 1919, and assignments of errors allowed' to be made.
This was an attachment suit by appellant, plaintiff in the court below, against appellee (defendant), to enforce a lien for rent. The attachment writ was directed generally against the estate of the defendant, but was levied only on the crops. The court allowed the plaintiff to amend the affidavit so as to show the relation of…
2Cases cited4 opinions
- Ellis v. MartinSupreme Court of Alabama · 1877
- Webb & Stagg v. McPherson & Co.Supreme Court of Alabama · 1904
- Sloan v. HudsonSupreme Court of Alabama · 1898
- Savage v. Atkins Co.Supreme Court of Alabama · 1899
3Cited by1 opinion
- Cooper v. OwenSupreme Court of Alabama · 1935