Earp v. Stephens
Alabama Court of Appeals
Appeal from. Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by H'ettie Earp against J. P. Stephens and his official bond for damages for the wrongful issuance of a writ of attachment. From a. judgment sustaining demurrer to the complaint plaintiff appeals.
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Appeal from. Montgomery Circuit Court. Heard before Hon. W. W. Pearson. Action by H'ettie Earp against J. P. Stephens and his official bond for damages for the wrongful issuance of a writ of attachment. From a. judgment sustaining demurrer to the complaint plaintiff appeals. Section 1500 of the Code of 1907 fixes the liability of the principal and the surety for the improper or neglectful performance of the duties imposed by lave The remedy by attachment is extraordinary and the statutory requirements must be strictly complied with, hence, the affidavit, required by section 2927, Code 1907,…
1Opinion of the CourtWalker, P. J.
This is a suit against a notary public and ex officio justice of the peace and the sureties on his official bond. The alleged breaches of the bond relate to the issuance by the principal in the bond of a writ of attachment against the property of the plaintiff, under which her property was seized; the complaint, in different counts, charging that the writ, which was not sued out on the ground that the defendant therein, the plaintiff here, was a nonresident, was issued without requiring the plaintiff in the suit, his agent or attorney, to make an affidavit setting out a ground of attachment,…
2Cases cited8 opinions
- Kelly v. MooreSupreme Court of Alabama · 1874
- McElhaney v. GillelandSupreme Court of Alabama · 1857
- Irion v. LewisSupreme Court of Alabama · 1876
- Heard v. HarrisSupreme Court of Alabama · 1880
- McLendon v. American Freehold Land Mortgage Co.Supreme Court of Alabama · 1898
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3Cited by5 opinions
- Horton E. Ryan, Individually and as Next Friend of Shana Ryan v. W. T. ScogginCourt of Appeals for the Tenth Circuit · 1957
- Broom v. DouglassSupreme Court of Alabama · 1912
- Duffin v. SummervilleAlabama Court of Appeals · 1913
- State Ex Rel. Clark v. LibbertIndiana Court of Appeals · 1931
- Meadows v. StateSupreme Court of Alabama · 1913