Linam v. Jones
Supreme Court of Alabama
Appeal from the Circuit 'Court of Monroe. Tried before the Hon. John C. Anderson. This was au action brought by the appellee, J. B. Jones, against Mary Linam and was commenced before a justice of the peace, the plaintiff suing out an attachment a® landlord for the collection of rent alleged to be due. After judgment rendered in favor of the plaintiff by the justice of the peace, the defendant; appealed to the circuit court.
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Appeal from the Circuit 'Court of Monroe. Tried before the Hon. John C. Anderson. This was au action brought by the appellee, J. B. Jones, against Mary Linam and was commenced before a justice of the peace, the plaintiff suing out an attachment a® landlord for the collection of rent alleged to be due. After judgment rendered in favor of the plaintiff by the justice of the peace, the defendant; appealed to the circuit court. The complaint ivas in words and figures as follows: “The plaintiff claims of the defendant twelve hundred pounds of lint cotton, or its alternate value, one hundred and…
1Opinion of the CourtDowdell, J.
The appellee, plaintiff in 'the court below, sued out an attachment as landlord for the collection of rent. The suit was, begun in the justice! of the peace court, in which court the plaintiff recovered a judgment, and the defendant appealed to, the circuit court In the circuit court the defendant sought, for the first time to quash the writ of attachment on motion and also on plea,, on account of defects in, the affidavit upon which the writ. Avas issued!. No objection having been raised in the justice court to defects in the suing *578out of the attachment, on appeal they are considered as…
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