Flournoy & Epping v. Lyon & Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Pike-. Tried before the Hon. LI. D. Clayton. This action was brought by the partners composing the late mercantile firm of Lyon & Co., against Flournoy & Épping as partners, and their sureties on an attachment bond; and was commenced on the 24th May, 1878. The attachment bond, on which the suit was founded, was dated 4th January, 1878, pay-able to said plaintiffs, and conditioned, in the usual words, that the said Flournoy & Epping, who had…
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Appeal from tbe Circuit Court of Pike-. Tried before the Hon. LI. D. Clayton. This action was brought by the partners composing the late mercantile firm of Lyon & Co., against Flournoy & Épping as partners, and their sureties on an attachment bond; and was commenced on the 24th May, 1878. The attachment bond, on which the suit was founded, was dated 4th January, 1878, pay-able to said plaintiffs, and conditioned, in the usual words, that the said Flournoy & Epping, who had on that day sued out an attachment against the estate of the said Lyon & Co., “ shall prosecute said attachment with…
1Opinion of the CourtBeickell, C. J.
The demurrer to the complaint rests on the hypothesis, that an attachment suit is not commenced until there is a levy of the writ. The levy is certainly essential to give the court jurisdiction to proceed to judgment against the defendant. It stands in the place of personal service, upon the presumption that the defendant, because of his relation to his property, will be put upon inquiry concerningit, and, being ¡mt on inquiry, will acquire notice and knowledge of the process under which it is drawn into the custody of the law.—Grier v. Campbell, 21 Ala. 327. The suit, however, is commenced…
2Cases cited9 opinions
- Marshall v. BetnerSupreme Court of Alabama · 1850
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- Durr v. JacksonSupreme Court of Alabama · 1877
- Pounds v. HamnerSupreme Court of Alabama · 1876
- O'Grady v. JulianSupreme Court of Alabama · 1859
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1890
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Ala. Great Southern Railroad v. TapiaSupreme Court of Alabama · 1891
- Schram v. KeaneNew York Court of Appeals · 1938
- Marx Bros. v. LeinkauffSupreme Court of Alabama · 1890
13 more not listed; retrieve them via the Exa API.