Trammell v. Guy
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Heard before Hon. John Pelham. Attachment by H. B. Guy against L. B. Trammell, a non-resident defendant, with notice by publication. From a judgment by default which fails to recite the fact that notice by publication was given, the .defendant appeals.
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Appeal from St. Clair Circuit Court. Heard before Hon. John Pelham. Attachment by H. B. Guy against L. B. Trammell, a non-resident defendant, with notice by publication. From a judgment by default which fails to recite the fact that notice by publication was given, the .defendant appeals. The judgment ..entry must recite that notice was given by publication and the proof of same. — piston v. Hood, 83 Ala. 331; Meyer & Co. v. Keith, 99 Ala. 519; Dowe v. Whitley,. 36 Ala. 604; Kerfer v. Barney, 31 Ala. 193; 23 Ala. 797; 16 Ala. 233; 11 Ala. 608. It is well established as a general rule that a…
1Opinion of the CourtMoCLELLAN, J.
This suit was commenced by attachment to enforce a money demand. The defendant (appellant) is a nonresident. The writ was levied on certain lands, the property of the defendant. There was no appearance of the defendant; but it appears from the record 1hat notice by publication was given in a newspaper, and that defendant’s place of residence in the state of Texas was unknown. The judgment, which was by default, simply adjudges a recovery against the defendant for the sum claimed, and condemns the property seized to the satisfaction of the judgment.
The point is made, that the judgment does not…
2Cases cited3 opinions
- Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
- Diston & Sons v. HoodSupreme Court of Alabama · 1887
- V. & A. Meyer & Co. v. KeithSupreme Court of Alabama · 1892
3Cited by3 opinions
- McMahan v. BrowneSupreme Court of Alabama · 1914
- Southern Timber & Investment Co. v. CreaghSupreme Court of Alabama · 1908
- Wood v. Empire Laundry Co.Alabama Court of Appeals · 1915