Pace, Lavender & Harper v. Lee & Co.
Supreme Court of Alabama
' Appeal from the Circuit Court of Dallas. The record does not show the name of the presiding judge. The record in this case shows that, on the 30th November, 1867, an action was commenced by original attachment, issued by the clerk of said Circuit Court, at the suit of Lee & Go. against James A. Fountain.
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' Appeal from the Circuit Court of Dallas. The record does not show the name of the presiding judge. The record in this case shows that, on the 30th November, 1867, an action was commenced by original attachment, issued by the clerk of said Circuit Court, at the suit of Lee & Go. against James A. Fountain. The attachment was levied by the sheriff, on the 19th December, 1867, on six bales of cotton ; and on the 13th January, 1868, he made the following return on the writ: “ The above property levied on was turned over to W. B. Harper, the parties claiming the property, by his making affidavit…
1Opinion of the CourtBbickell, J.
— Notwithstanding the defects in the mode of prosecuting this appeal, we think it sufficient to confer jurisdiction on the court. If we should sustain the motion to dismiss, it would probably lead to the prosecution of a new appeal, when the same questions now presented would again arise for consideration. As these questions do not seem to us difficult, or doubtful, we have concluded to pass over the motion to dismiss, especially as thereby no injury can result to the appellees.
1. Four of the assignments of error refer to irregularities in the rendition of judgment against the defendant in…
2Cases cited5 opinions
- Thomas v. DegraffenreidSupreme Court of Alabama · 1850
- Perkins v. MayfieldSupreme Court of Alabama · 1837
- Fryer v. DennisSupreme Court of Alabama · 1841
- Harrell v. FloydSupreme Court of Alabama · 1841
- Cotten v. ThompsonSupreme Court of Alabama · 1852
3Cited by2 opinions
- Leppel v. BeckColorado Court of Appeals · 1892
- Leppel v. BeckColorado Court of Appeals · 1892