Legal Opinion
Higdon v. Fields
Alabama Court of Appeals
Decided June 12, 1917No. 6 Div. 28PublishedCited by 1 opinion
Appeal from Circuit Court, Jefferson County; E. C. Crow, Ju'dge. Action by W. M. Fields against E. L. Higdon and others for damages for failure to-levy a writ of attachment. From a judgment for plaintiff, defendants appeal.
1Opinion of the CourtSamford, J.
[1] On a former appeal of this case (Higdon et al. v. Fields, 3 Ala. App. 322, 57 South. 58) the judgment of the lower court was reversed, because tbe complaint failed to allege tbat the defendant in the writ owned or was in possession of tbe property legally subject to be levied on, and tbat tbe defendant would bave found it if be bad been duly diligent. Upon the last trial, tbe plaintiff amended bis complaint, by adding tbe following:
“And plaintiff avers tbat, while said attachment was in the bands of said sheriff for levy, the defendant in said cause in which said attachment was issued,…
2Cases cited5 opinions
- Governor v. CampbellSupreme Court of Alabama · 1850
- Leavitt v. SmithSupreme Court of Alabama · 1844
- Abbott, Downing & Co. v. GillespySupreme Court of Alabama · 1883
- Higdon v. FieldsAlabama Court of Appeals · 1911
- Smith, Stewart Co. v. CastellowSupreme Court of Alabama · 1889
3Cited by1 opinion
- Grace v. WooleyAlabama Court of Appeals · 1934