Fears v. Thompson
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. Jas. W. Lapsley. This action was brought by A. J. Thompson, against Warren Fears, and was commenced by attachment, which was sued out on the 11th November, 1886. The cause of action, as stated in the affidavit for the attachment, was $800, alleged to be “ due for rent of land rented this year by,said Fears from said Thompson, and for advances made by said Thompson, as landlord, to said Fears as tenant, during…
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Appeal from the Circuit Court of Chambers. Tried before the Hon. Jas. W. Lapsley. This action was brought by A. J. Thompson, against Warren Fears, and was commenced by attachment, which was sued out on the 11th November, 1886. The cause of action, as stated in the affidavit for the attachment, was $800, alleged to be “ due for rent of land rented this year by,said Fears from said Thompson, and for advances made by said Thompson, as landlord, to said Fears as tenant, during the years 1882 to 1886.” The attachment was levied by the sheriff, as shown by his return, on several bales of cotton, a…
1Opinion of the CourtClopton, J.
— 1. The first error assigned is, that tbe judgment by default was prematurely rendered ; the objection being, that it does uot affirmatively appear that the defendant had notice in writing of the levy of the attachment. The return of the sheriff is, “ that the- defendant, had personal notice of the levy of this attachment.” On the .presumption, that sworn public officers discharge their duties in the manner prescribed by law, the return implies that notice in writing was given by the sheriff; otherwise, the return is untrue, for verbal notice is not the statutory mode of notice. The…
2Cases cited2 opinions
- Goetter, Weil & Co. v. PickettSupreme Court of Alabama · 1878
- McAbee v. ParkerSupreme Court of Alabama · 1885
3Cited by11 opinions
- Hurt v. KnoxSupreme Court of Alabama · 1930
- Hutchison & Wilson v. PowellSupreme Court of Alabama · 1890
- Carothers v. CallahanSupreme Court of Alabama · 1922
- Ensley Mercantile Co. v. OtwellSupreme Court of Alabama · 1904
- Farmers' State Bank of Huntsville v. InmanSupreme Court of Alabama · 1922
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