King v. Bucks
Supreme Court of Alabama
Error to the Circuit Court of Pickens. This was an action commenced by attachment, on which the sheriff returned, c< levied on fourteen bales of cotton.” The defendant pleaded in abatement, that the cotton levied on was not his property, at the time the attachment was issued, nor when the levy was made, and concludes thus, “ and this he is ready to verify j wherefore he prays judgment, if this court will, or ought to take cognizance of the said plea.”
Read the full summary
Error to the Circuit Court of Pickens. This was an action commenced by attachment, on which the sheriff returned, c< levied on fourteen bales of cotton.” The defendant pleaded in abatement, that the cotton levied on was not his property, at the time the attachment was issued, nor when the levy was made, and concludes thus, “ and this he is ready to verify j wherefore he prays judgment, if this court will, or ought to take cognizance of the said plea.” The plaintiff demurred, and his demurrer was overruled, and declining to reply, judgment was rendered for the defendant. insisted that the plea…
1Opinion of the CourtCollier, C. J.
The levy of an attachment is equivalent to the personal service of process, that is, it has the same effect to give jurisdiction to the court, and entitles it to hear and determine the cause. [4 Stew. & Por. Rep. 184.] It has repeatedly been held, that when an officer returns he has levied an attachment on certain property, it will be intended that it was the defendant’s, although the return affirms nothing in respect to the title. [4 Ala. R. 527.] So where the sheriff returned ah attachment levied on certain land in the possession of a person not a party to the writ, it will be intended, in…
2Cases cited2 opinions
- Kirksey v. BatesSupreme Court of Alabama · 1840
- Thornton v. WinterSupreme Court of Alabama · 1846
3Cited by4 opinions
- Exchange National Bank v. ClementSupreme Court of Alabama · 1895
- Sims, Harrison & Co. v. Jacobson & Co.Supreme Court of Alabama · 1874
- Cousins v. AlworthSupreme Court of Minnesota · 1890
- McAbee v. ParkerSupreme Court of Alabama · 1885