Atkinson v. James
Supreme Court of Alabama
Appeal from tbe Circuit Court of Chambers. Tried before tbe Hon. J. B. Dowdell. Tbe facts of tbe case are sufficiently stated in tbe opinion. Tbe court, at tbe request of tbe plaintiff, gave tbe general affirmative charge in bis behalf, to which tbe defendants duly excepted.
Read the full summary
Appeal from tbe Circuit Court of Chambers. Tried before tbe Hon. J. B. Dowdell. Tbe facts of tbe case are sufficiently stated in tbe opinion. Tbe court, at tbe request of tbe plaintiff, gave tbe general affirmative charge in bis behalf, to which tbe defendants duly excepted. Tbe defendants asked tbe following charges in writing, and duly excepted to tbe refusal of each of them: (1.) “If the jury believe all tbe evidence in this case they must find for tbe defendants.” ' (2.) “If tbe jury believe ail the evidence in this case they can not find for the plaintiff for more than what is shown by…
1Opinion of the CourtColeman, J.
This is an action in case to recover damages against appellants for having purchased and removed four bales of cotton upon which the plaintiff held a landlord’s lien for rent and advances. The suit was begun by attachment, issued by the clerk of the Circuit Court. The defendant pleaded in abatement that the clerk had no authority to issue the attachment.
Under our statute any civil action, whether arising ex con-iraotu or in tort, under proper conditions, may be commenced by attachment. — Code, 2929. A clerk of the City or Circuit Court is authorized to issue the attachment “to enforce the…
2Cases cited11 opinions
- Westmoreland & Trousdale v. FosterSupreme Court of Alabama · 1877
- Hussey v. PeeblesSupreme Court of Alabama · 1875
- Lomax v. LeGrand & Co.Supreme Court of Alabama · 1877
- Ex parte BarnesSupreme Court of Alabama · 1887
- Thompson v. MerrimanSupreme Court of Alabama · 1849
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- City Nat. Bank v. NelsonSupreme Court of Alabama · 1928
- Walls v. SkeltonSupreme Court of Alabama · 1926
- City Nat. Bank v. NelsonSupreme Court of Alabama · 1926
- Georgia Cotton Oil Co. v. Carlisle Seed Co.Supreme Court of Alabama · 1917
- Wigs Bros. v. RingemannSupreme Court of Alabama · 1907
2 more not listed; retrieve them via the Exa API.