Reynolds v. Collins
Supreme Court of Alabama
Appeal from the Circuit Court of Cherokee. Tried before the Hon. Leroy F. Box. This action was brought by John H. Collins, against the Bank of Borne, Georgia, a foreign corporation; was founded on a certificate of deposit for $873.58, signed by the defendant’s cashier, which was dated March 16, 1880; and was commenced by original attachment, sued out before a. justice of the peace, on the'6th July, 1881, on the ground of the defendant’s non-residence.
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Appeal from the Circuit Court of Cherokee. Tried before the Hon. Leroy F. Box. This action was brought by John H. Collins, against the Bank of Borne, Georgia, a foreign corporation; was founded on a certificate of deposit for $873.58, signed by the defendant’s cashier, which was dated March 16, 1880; and was commenced by original attachment, sued out before a. justice of the peace, on the'6th July, 1881, on the ground of the defendant’s non-residence. The writ of attachment was directed to the sheriff, but the justice of the peace indorsed on it an order requiring the constable of “beat No.…
1Opinion of the CourtClopton, J.
It is insisted that the attachment is void, because the writ of garnishment, the service of which constitutes the levy, was served on the sheriff by a constable, instead of by the coroner. The writ of attachment is regular on its face, and was issued by an officer having jurisdiction, and the *97statutory affidavit preliminary to its levy by a constable, was made. If it be conceded that the service is defective and irregular, the garnishee, by appearing and answering without objection, waived whatever defect or irregularity there may have been in the garnishment proceeding, or in the mode of…
2Cases cited10 opinions
- Hatchett v. BlantonSupreme Court of Alabama · 1882
- Betancourt v. EberlinSupreme Court of Alabama · 1882
- Ala. & Tenn. Rivers Railroad v. KiddSupreme Court of Alabama · 1856
- Ala. Great Southern Railroad v. HillSupreme Court of Alabama · 1884
- Clark v. FewSupreme Court of Alabama · 1878
5 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Robinson & Co. v. GreeneSupreme Court of Alabama · 1906
- Roberts v. WilliamsSupreme Court of Alabama · 1916
- Adler v. MillerSupreme Court of Alabama · 1928
- Jennings v. Bank of CaliforniaCalifornia Supreme Court · 1889
- Gibson v. Snow Hardware Co.Supreme Court of Alabama · 1891
16 more not listed; retrieve them via the Exa API.