Bain & Sons v. Mitchell
Supreme Court of Alabama
Appeal from the Circuit Court of Marshall. Tried before the Hon. James Aiken. The appellee in this case, Wm. A. Mitchell, sued out an attachment on the 14th November, 1884, against Geo. W. Thrift, claiming a debt of $85 for advances made, during the year 1884, to enable the said Thrift to make a crop.
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Appeal from the Circuit Court of Marshall. Tried before the Hon. James Aiken. The appellee in this case, Wm. A. Mitchell, sued out an attachment on the 14th November, 1884, against Geo. W. Thrift, claiming a debt of $85 for advances made, during the year 1884, to enable the said Thrift to make a crop. The attachment was sued out before O. H. Milner, who was the mayor of the town of Guntersville, and was issued by him “ as mayor and ex officio justice of the peace ;” whs directed to any constable of the county, and was executed by the sheriff, who levied it on one mule, forty bushels of corn,…
1Opinion of the CourtClopton, J.
— The initial process is an attachment issued by the mayor of Guntersville, returnable before himself, and levied on the property in dispute by the sheriff of the county. The act to incorporate the town provides : “ That the mayor shall possess all the powers and jurisdiction of a justice of the peace in civil and criminal cases, concurrent with and which are now possessed and exercised by justices of the peace in the county of Marshall, and be subject to all' corresponding duties and responsibilities ; and for his services in such cases shall be entitled to the fees which are or may be…
2Cases cited2 opinions
- Griffin v. ApplebySupreme Court of Alabama · 1881
- Rice v. WattsSupreme Court of Alabama · 1882
3Cited by1 opinion
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