Fitzsimmons v. Howard
Supreme Court of Alabama
Appeal from Bussell Circuit Court. Tried before lion. Ii. D. Clayton. This cause was commenced on 6tli December, 1880, by an attachment sued out by O. P. Fitzsimmons, as trustee of Mrs. M. B. Fitzsimmons, against T. B. Howard, to recover rent and advances.
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Appeal from Bussell Circuit Court. Tried before lion. Ii. D. Clayton. This cause was commenced on 6tli December, 1880, by an attachment sued out by O. P. Fitzsimmons, as trustee of Mrs. M. B. Fitzsimmons, against T. B. Howard, to recover rent and advances. The affidavit avers that the defendant is justly indebted to the plaintiff, as such trustee, “ in the sum of fifteen hundred dollars for rent and advances as follows, to-wit: The amount of twenty-one bales of lint cotton, good average crop grade, which was and is the balance due of the thing agreed to be received and paid as rent for…
1Opinion of the CourtStone, J.
Attachment is not an ordinary remedy, given and governed by the rules of the common law. It is statutory, and, to some extent, extraordinary. There are many grounds for its issuance — several of them for the enforcement of liens declared by statute. The present case is one of that class. Its purpose is to enforce an alleged lien .for rent and advances. This extraordinary process can not be resorted to, except in cases specified in the statute, and the first step to be taken is an affidavit, to be made by the plaintiff, his agent or attorney.' This is the foundation-authority, without which…
2Cases cited7 opinions
- Tucker v. AdamsSupreme Court of Alabama · 1875
- Brown v. CoatsSupreme Court of Alabama · 1876
- Sims, Harrison & Co. v. Jacobson & Co.Supreme Court of Alabama · 1874
- Hall v. BrazletonSupreme Court of Alabama · 1867
- Hawkins v. GillSupreme Court of Alabama · 1844
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3Cited by5 opinions
- Gunter v. DuBoseSupreme Court of Alabama · 1884
- Knowles v. SteedSupreme Court of Alabama · 1885
- Bell v. AllenSupreme Court of Alabama · 1884
- Robinson & Ledyard v. HoltSupreme Court of Alabama · 1888
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