Jones v. Howard
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before Hon. Robert Dougherty. The appellee, as guardian of one Anderson, sued out an attachment against the goods of the appellant. The affidavit for the attachment reads as follows: “ That said Mathew J. Jones is indebted to him, (the appellee,) as said guardian, in the sum of $130, for the hire of negro woman Adaline, for the year 1864, and that said amount is justly due,” &o.
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Appeal from the Circuit Court of Russell. Tried before Hon. Robert Dougherty. The appellee, as guardian of one Anderson, sued out an attachment against the goods of the appellant. The affidavit for the attachment reads as follows: “ That said Mathew J. Jones is indebted to him, (the appellee,) as said guardian, in the sum of $130, for the hire of negro woman Adaline, for the year 1864, and that said amount is justly due,” &o. The attachment issued in November, 1865, returnable to the next term of Russell circuit court. No complaint, or declaration, was filed in the case, and at May term,…
1Opinion of the CourtByrd, J.
The court erred in rendering a judgment by default final, when no complaint had been filed, and upon a claim such as the one set out in the affidavit made as the ground for attachment process. — Code, § 2570 ; Amason v. Nash, 19 Ala. 104; Langdon v. Williams, 22 Ala. 681; Beville v. Reese, 25 Ala. 451; Connoly v. Ala. & Tenn. R. R. Co., 29 Ala. 373.
Reversed and remanded.
2Cases cited4 opinions
- Connoly v. Ala. & Tenn. Rivers RailroadSupreme Court of Alabama · 1856
- Amason v. NashSupreme Court of Alabama · 1851
- Beville v. ReeseSupreme Court of Alabama · 1854
- Langdon v. WilliamsSupreme Court of Alabama · 1853
3Cited by1 opinion
- Haygood v. TaitSupreme Court of Alabama · 1899