Legal Opinion

Dew v. Bank of the State

Supreme Court of Alabama

Decided January 15, 1846PublishedCited by 5 opinions

Writ of Error to the Circuit Court of Pickens. The defendant in error, by its attorney, caused an original attachment to be issued by a justice of the peace of the county of Greene, and made returnable to the Circuit Court of Pickens, against the estate of Benjamin H. Stribling.

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Writ of Error to the Circuit Court of Pickens. The defendant in error, by its attorney, caused an original attachment to be issued by a justice of the peace of the county of Greene, and made returnable to the Circuit Court of Pickens, against the estate of Benjamin H. Stribling. This process was placed in the hands of the sheriff of the former county, who returned that he had executed the same, by summoning the plaintiff in error and another person as garnishees, a judgment by default was rendered against the defendant in attachment, and also against the garnishees for their failure to…

1Opinion of the CourtCollier, C. J.

In Caldwell v. Meador, 4 Ala. R. 755, it was decided that a justice-of the peace has no authority, in virtue of our statutes, to issue an attachment returnable into the County or Circuit Court of any other county than that for which he is elected. That case was reaffirmed in Brooks & Lucas v. Goodwin, at the last term, where it was added, that although the irregularity was not insisted on in the primary court, it was available on error.

Loomis v. Allen, cited for the defendant in error, is unlike the present case in every respect. There was no controversy in that case as to the authority of…

2Cited by5 opinions

  1. Little v. FittsSupreme Court of Alabama · 1858
  2. Martin v. DollarSupreme Court of Alabama · 1858
  3. Hollingsworth v. HammondSupreme Court of Alabama · 1857
  4. Goode v. HolcombeSupreme Court of Alabama · 1860
  5. Sheppard v. Powers & Bros.Supreme Court of Alabama · 1874

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