Brinsfield v. Austin
Supreme Court of Alabama
Appeal from tbe Circuit Court of Coffee. Tried before tbe Hon. John Gill Shorter. This action was brought by Jobn A. Austin, against Bed-ford B. Brinsfield, to recover tbe sum of two hundred dollars, alleged to be due by account; and was commenced by original attachment, sued out before a justice of the peace, on the 29th July, 1860, on the ground that the defendant was a non-resident.
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Appeal from tbe Circuit Court of Coffee. Tried before tbe Hon. John Gill Shorter. This action was brought by Jobn A. Austin, against Bed-ford B. Brinsfield, to recover tbe sum of two hundred dollars, alleged to be due by account; and was commenced by original attachment, sued out before a justice of the peace, on the 29th July, 1860, on the ground that the defendant was a non-resident. At the time of suing out the attachment, the plaintiff also made affidavit before the justice, “that the services of a constable are necessary to execute the attachment, as the defendant is about to .pass out…
1Opinion of the CourtR. W. Walker, J.
The record discloses two defects, each of which / is fatal to the judgment in this case. The proceeding was by attachment against a non-resident, and it does not appear that publication was made as required by the statute in such cases. — Code, § 2510 ; Dow v. Whitman & Owsley, 36 Ala. 604. The attachment was for a sum over fifty dollars, and was levied, not by the sheriff, but by a person specially appointed for that purpose by the justice issuing it. The justice had no authority to make such appointment. The power conferred upon justices of the peace, by section 712 of the Code, to appoint…
2Cases cited2 opinions
- Dow v. WhitmanSupreme Court of Alabama · 1860
- Martin v. DollarSupreme Court of Alabama · 1858
3Cited by6 opinions
- R. A. Brown & Co. v. ChancellorTexas Supreme Court · 1884
- Peebles v. WeirSupreme Court of Alabama · 1877
- White v. SimpsonSupreme Court of Alabama · 1894
- McAbee v. ParkerSupreme Court of Alabama · 1885
- V. & A. Meyer & Co. v. KeithSupreme Court of Alabama · 1892
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