Smith v. Chapman & Brother
Supreme Court of Alabama
Error to the Circuit court of Dallas county. Proceedings by attachment. In this case, a writ of attachment, from a justice' of the peace, issued against George Cater, in favor of Chapman & Brother, at the instance, and on the oath of Joseph Chapman, one of the firm of Chapman & Brother; and summons of garnishment was served on Joseph Smith, the plaintiff in error, in which summons, the plaintiff in the attachment.'was described as Joseph Chapman : And at the Fall term,…
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Error to the Circuit court of Dallas county. Proceedings by attachment. In this case, a writ of attachment, from a justice' of the peace, issued against George Cater, in favor of Chapman & Brother, at the instance, and on the oath of Joseph Chapman, one of the firm of Chapman & Brother; and summons of garnishment was served on Joseph Smith, the plaintiff in error, in which summons, the plaintiff in the attachment.'was described as Joseph Chapman : And at the Fall term, eighteen hundred and thirty six, of the Circuit court of said county, William Chapman and Joseph Chapman, partners, using the…
1Opinion of the CourtGolbthwaite, J.
A writ of attachment was sued out before a justice of the peace of Balias county, returnable to the Circuit court, at the suit of Chapman & Brother, against the estate of George Cater. This writ is directed to any lawful constable cf Balias county; and is returnable “executed” by one who.may be presumed to answer to the description of the oíscer named; from the addition, after his name, of the letters O. D. C. No instructions are endorsed on the writ, for the officer to execute it by the service of a garnishee process, on any person; but a summons of garnishment, to Smith, the plaintiff in…
2Cases cited3 opinions
- M'Rae v. M'LeanSupreme Court of Alabama · 1836
- Stebbins v. FitchSupreme Court of Alabama · 1827
- Lawrence v. WareSupreme Court of Alabama · 1827
3Cited by8 opinions
- Weil v. TylerSupreme Court of Missouri · 1866
- White v. KahnSupreme Court of Alabama · 1893
- Jones v. NorrisSupreme Court of Alabama · 1841
- Gould v. MeyerSupreme Court of Alabama · 1860
- Marston v. CarrSupreme Court of Alabama · 1849
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