Brown v. Legg
Alabama Court of Appeals
Appeal from Circuit Court, Limestone County; Robert C. Brickell, Judge. Action by W. A. Legg against Cary Brown, on a promissory note, with attachment writ, commenced in justice’s court. From judgment of the circuit court, dismissing defendant’s appeal from judgment of the justice’s court condemning the attached property to satisfaction of .the money judgment confessed, defendant appeals. The appeal was properly taken. Section 4713, Code 1907; 9 Ala.
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Appeal from Circuit Court, Limestone County; Robert C. Brickell, Judge. Action by W. A. Legg against Cary Brown, on a promissory note, with attachment writ, commenced in justice’s court. From judgment of the circuit court, dismissing defendant’s appeal from judgment of the justice’s court condemning the attached property to satisfaction of .the money judgment confessed, defendant appeals. The appeal was properly taken. Section 4713, Code 1907; 9 Ala. App. 251, 62 South. 1018; 11 Ala. App. 423,.66 South. 878. The cause of attachment may be made an issue and tried. Section 2966, Code 1907; 9…
1Opinion of the CourtMerritt, J.
Suit in this case was originally begun in the justice of the peace court, being a suit on a promissory note and by the issuance of a summons on a complaint filed by the appellee against the appellant. At the same time the appellee made affidavit praying for an attachment against the appellant, and also executing bond as provided by law. Summons on the complaint and the writ of attachment were returned executed, and on January 25; 1917, the judgment entry in the justice court recites that the parties were present in court, and “the defendant confesses judgment on the note, that plaintiff have…
2Cases cited6 opinions
- National Union v. SherrySupreme Court of Alabama · 1913
- Steiner Bros. v. First National BankSupreme Court of Alabama · 1896
- Oliver v. KinneySupreme Court of Alabama · 1911
- Rayford v. FaulkSupreme Court of Alabama · 1908
- Francis-Chenoweth Hardware Co. v. BaileySupreme Court of Alabama · 1894
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