Kirksey v. Bates
Supreme Court of Alabama
Error to the Circuit Court of Marengo county, THIS was an action of assumpsit, brought in the court below* by the defendant and one Patton, his partner, (since deceased) as assignees of a promissory note, executed by the plaintiffs in error.
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Error to the Circuit Court of Marengo county, THIS was an action of assumpsit, brought in the court below* by the defendant and one Patton, his partner, (since deceased) as assignees of a promissory note, executed by the plaintiffs in error. The original writ having been returned “ not found,” on motion of the plaintiffs helow a judicial attachment issued* which was executed by the sheriff, and on which he made the-following return; “By virtue of this writ, I have levied upon and taken, four negroes, viz: Cam, Jack, Kit, and Sol, and the same replevied by a bond given by the defendant and…
1Opinion of the CourtOrmond, J.
— ‘The’ judicial attachment which issued in this ease, was directed to the' sheriff, and commanded him to attach so much of the property of John M.C. Kirksey, John Kirksey, and W. W. Thompson, as should be of value sufficient to satisfy the debt and costs, according to the complaint; to which he made the following return: “By virtue of this writ, I have levied upon, and taken four'negroes, viz: Cam, Jack, Kit, and Sol, and the same replevied by a bond, given by the defendant and James jGoo’dwyn.” It is insisted that this return, in- connection with the replevin bond, shows that the writ was…
2Cited by6 opinions
- Driver v. HudspethSupreme Court of Alabama · 1849
- Schneider & Davis v. Ferguson & SonTexas Supreme Court · 1890
- King v. BucksSupreme Court of Alabama · 1847
- Thornton v. WinterSupreme Court of Alabama · 1846
- Cotten v. BradleySupreme Court of Alabama · 1863
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