V. & A. Meyer & Co. v. Keith
Supreme Court of Alabama
Appeal from the Circuit Court of Geneva. Tried before the Hon. J. M. Carmichael. This was an action brought by the appellee, W. J. Keith against V. & A. Meyer & Co., who resided- in the State of Louisiana. The complaint contained the common counts. The suit was commenced by an attachment, which was regularly issued upon affidavit made and bond given. This attachment was executed by serving a garnishment on Holloway & Gilchrist and C. R. Keith.
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Appeal from the Circuit Court of Geneva. Tried before the Hon. J. M. Carmichael. This was an action brought by the appellee, W. J. Keith against V. & A. Meyer & Co., who resided- in the State of Louisiana. The complaint contained the common counts. The suit was commenced by an attachment, which was regularly issued upon affidavit made and bond given. This attachment was executed by serving a garnishment on Holloway & Gilchrist and C. R. Keith. The transcript contains no bill of exceptions. The judgment entry was as follows: “January 16, 1892. Came the garnishee, C. R. Keith, and answers…
1Opinion of the CourtHead, J.
The recitals of the judgment-entry do not sufficiently show that the notice required by the statute of the issuance and levy of the attachment was given. A recital, as in the present case, that notice was given as required by law, will not sustain a judgment by default.—Code, § 2936; Dow v. Whitman, 36 Ala. 604: Brierfidd v. Austin, 39 Ala. 227; Diston & Sons v. Hood, 83 Ala. 331.
The complaint, so far as the transcript shows, was not *521marked filed by tbe clerk. Tbat should be attended to. We do not decide tbat a complaint found in tbe transcript and certified to by tbe clerk, in bis general…
2Cases cited3 opinions
- Dow v. WhitmanSupreme Court of Alabama · 1860
- Diston & Sons v. HoodSupreme Court of Alabama · 1887
- Brinsfield v. AustinSupreme Court of Alabama · 1863
3Cited by5 opinions
- Prinz v. WeberSupreme Court of Alabama · 1899
- Trammell v. GuySupreme Court of Alabama · 1907
- Bolen v. AllenSupreme Court of Alabama · 1907
- Smith v. SmithSupreme Court of Alabama · 1945
- Southern Timber & Investment Co. v. English Manufacturing Co.Supreme Court of Alabama · 1907