Key v. Haynes
Alabama Court of Appeals
Appeal from Circuit Court, Clay County; Hugh D. Merrill, Judge. Claim suit between A. U. Key, plaintiff in attachment, and Z. A. Haynes, with judgment for claimant, from which plaintiff appeals.
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Appeal from Circuit Court, Clay County; Hugh D. Merrill, Judge. Claim suit between A. U. Key, plaintiff in attachment, and Z. A. Haynes, with judgment for claimant, from which plaintiff appeals. The circuit court was without jurisdiction to hear the suit. 108 Ala. 359, 19 South. 386; 78 Ala. 147; 74 Ala. 475 ; 77 Ala. 500; 122 Ala. 329, 25 South. 241; 9 Corpus Juris, 7; 30 Cyc. 1132; 64 Ala. 468. There was no payment or other satisfaction. 58 Ala. 147; 8 Ala. 314; 167 Ala. 461, 52 South. 402; 11 Ala. App. 563, 66 South. 839.
1Opinion of the CourtSamford, J.
On December 18, 1917, Z. A. Haynes filed a claim bond in .the justice court of T. J. Orr, claiming certain property that had theretofore been levied on by attachment, in a suit wherein A. U. Key was plaintiff and Aaron Key was defendant. So far as the record discloses, there was no affidavit asserting the claim, as* required by the statute; but on December 29, 1917, trial was had in the justice court and judgment ren-‘ dered in favor of the plaintiff, finding that the property was liable to the writ, and a judgment against the original defendant. On January 11, 1918,' the claimant having…
2Cases cited3 opinions
- Mobile Life Insurance v. TeagueSupreme Court of Alabama · 1884
- Guscott v. Roden & Co.Supreme Court of Alabama · 1896
- House v. WestSupreme Court of Alabama · 1895
3Cited by1 opinion
- Stephenson & Bernard Realty Co. v. SheehanAlabama Court of Appeals · 1932