Herrick v. Herrick
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Assumpsit by Lutber M. Herrick against Annie Vu Herrick, a non-resident defendant begun by attachment. There was default judgment for plaintiff and defendant appeals.
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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Assumpsit by Lutber M. Herrick against Annie Vu Herrick, a non-resident defendant begun by attachment. There was default judgment for plaintiff and defendant appeals. The notice required by the attachment' statute is jurisdictional, and without it the court cannot render" a judgment by default, or make an order condemning property. — WUmerding v. Gorbm B. Go., 126 Ala. 268; § 2931, Code 1907. Attachments are strictly construed and no presumptions are indulged in favor of the jurisdiction of the court to render judgment…
1Opinion of the Court
MAYFIELD, J. —
The sole question presented by this appeal is whether or not a judgment by default is void, where the suit was against a nonresident, and was begun by attachment, and the record fails to affirmatively show that a copy of the 'notice or advertisement was sent by mail to the defendant.
The statute regulating the notice, service, and publication, in such actions begun by attachment, reads as follows: “When an attachhment is sued out against a nonresident of the state, the writ shall be returned to the clerk of the court as soon as levied upon the property of the defendant, and…
2Cases cited3 opinions
- Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
- Pullman Palace Car Co. v. HarrisonSupreme Court of Alabama · 1898
- McMahan v. BrowneSupreme Court of Alabama · 1914
3Cited by2 opinions
- Merchants Nat. Bank of Mobile v. CotnamSupreme Court of Alabama · 1948
- Snodgrass v. EdmundsonSupreme Court of Alabama · 1940