Mayer v. Clark
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before the Hon. Robert Dougherty. The appellee in this case commenced suit by original attachment, on the 13th October, 1856, against John Q. A. and William Lynch, as partners.
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Appeal from the Circuit Court of Wilcox. Tried before the Hon. Robert Dougherty. The appellee in this case commenced suit by original attachment, on the 13th October, 1856, against John Q. A. and William Lynch, as partners. The attachment was sued out before a justice of the peace, and was made returnable to the circuit court; and it was levied by a constable, on the 16th October, on “sixteen sides of leather, thirteen deer-skins, one hundred sides in vats, more or lesá, twelve cowhides, four pairs of shoes, and six pairs of shoe-leather.” The suit was founded on two promissory notes,…
1Opinion of the CourtBybd, J.
1. The court did not err in permitting the plaintiff to introduce the claim bond of the claimant, “ as evidence to prove the levy of the attachment.” — Henderson v. Bank of Montgomery, 11 Ala 858. Nor in the admission of the attachment and levy thereon, as evidence to the jury. Lanier v. Br. Bank at Montgomery, 18 Ala. 627.
2. Nor was there any error in permitting the plaintiff to identify the articles levied on by the attachment, as the same enumerated in the levy; though such identification may have been unnecessary. We cannot see how such proof could have prejudiced the claimant. — Borland…
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