Grier v. Campbell
Supreme Court of Alabama
Error to tbe Chancery Court of Macon. Heard before the Hon. W. W. Mason-. This was a bill filed bjr Grier against Campbell, in the Chancery Court of Macon county, charging that, the plaintiff being a citizen of the State of Georgia, Campbell sued out an attachment against him, on the 2d November, 1844, for the recovery of $232XIW, which writ was levied on the 11th March, 1845, on one brass candlestick by the sheriff of Macon county; that, on the 19th October, 1846, judgment…
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Error to tbe Chancery Court of Macon. Heard before the Hon. W. W. Mason-. This was a bill filed bjr Grier against Campbell, in the Chancery Court of Macon county, charging that, the plaintiff being a citizen of the State of Georgia, Campbell sued out an attachment against him, on the 2d November, 1844, for the recovery of $232XIW, which writ was levied on the 11th March, 1845, on one brass candlestick by the sheriff of Macon county; that, on the 19th October, 1846, judgment was rendered on said writ of attachment in the Circuit Court of Macon, to which court said writ was made returnable, in…
1Opinion of the CourtChilton, J.
— In consequence of the impracticability of effecting personal service upon defendants in many cases, the statutes have prescribed certain modes of procedure, which are regarded as legal or constructive notice to them, so as to authorize the rendition of judgment.
One of the means provided, when the circumstances justify it, is the issue of an attachment, which, when duly levied upon the defendant’s property, is considered as bringing him into court, since it is but a reasonable inference, from the relation which the defendant bears to his property, that he will be put upon inquiry concerning…
2Cases cited2 opinions
- Carpenter v. DevonSupreme Court of Alabama · 1844
- Thornton v. WinterSupreme Court of Alabama · 1846
3Cited by11 opinions
- Wilkerson v. WilkersonSupreme Court of Alabama · 1935
- de Graffenried v. BreitlingSupreme Court of Alabama · 1915
- Gilmer v. MorrisSupreme Court of Alabama · 1885
- Duncan v. JohnsonSupreme Court of Alabama · 1976
- Hauser v. Foley & Co.Supreme Court of Alabama · 1914
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