Johnson v. Johnson
Supreme Court of Alabama
Appea! from Gadsden City Court. Tried before Hon. JohNÜ. Disq,ue. The appellant Thomas L. Johnson recovered a judgment in the City Court of Gadsden against D. H. Johnson, upon which execution was issued, and on October 24th 1894, the execution was levied upon certain personalty as the property'of the defendant. Upon the day of the levy, the appellees, Nancy Johnson and L. M. Gordan made an affidavit claiming the property, and ’executed the requisite claim bond.
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Appea! from Gadsden City Court. Tried before Hon. JohNÜ. Disq,ue. The appellant Thomas L. Johnson recovered a judgment in the City Court of Gadsden against D. H. Johnson, upon which execution was issued, and on October 24th 1894, the execution was levied upon certain personalty as the property'of the defendant. Upon the day of the levy, the appellees, Nancy Johnson and L. M. Gordan made an affidavit claiming the property, and ’executed the requisite claim bond. These papers were returned into court by the sheriff at once, and at a subsequent day of the same term at which the execution, was…
1Opinion of the CourtMcCLELLAN, J.
The city court in setting aside its previous judgment proceeded on the theory that whether the suit had in a sense been commenced or not by the lodgment of an affidavit and claim bond with the sheriff, those papers were not properly in the court and the case was not properly before the court when the judgment was rendered j since the statute only authorized their return to a subsequent berm of the court; and hence that the jurisdiction of the court over the subject matter had not attached when the judgment was rendered, and it was void. The case in this view is not distinguished in principle…
2Cases cited1 opinion
- Johnson v. DismukesSupreme Court of Alabama · 1894