Soulard v. Vacuum Oil Co.
Supreme Court of Alabama
Appeal from the City Court of Bridgeport. Tried before the Hon. William L. Stephens. The appellee, the Vacuum Oil Company, a New York corporation, brought this action against the appellant, A. L. Soulard, by attachment, on the ground that the defendant was a non-resident, and had not sufficient property in the State of his residence to pay the debt alleged to be due the plaintiff.
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Appeal from the City Court of Bridgeport. Tried before the Hon. William L. Stephens. The appellee, the Vacuum Oil Company, a New York corporation, brought this action against the appellant, A. L. Soulard, by attachment, on the ground that the defendant was a non-resident, and had not sufficient property in the State of his residence to pay the debt alleged to be due the plaintiff. The writ of attachment was levied upon certain lots in the City of Bridgeport, as stated in the return of the sheriff, “for the want of personal property.” The attachment was issued October 4, 1893, and levied…
1Opinion of the CourtMcOLELLAN, J.
The judgment by default rendered in this case is in the usual and approved form of entry where the service is by attachment of property. It is valid upon its face. And it is the universal rule, thoroughly established in this State, that the court rendering such a judgment is without power to vacate it at a subsequent term upon affirmative considerations not shown by the record of the cause, as, for instance, upon the affidavit of defendant’s attorney that the property attached is not and has never been the property of the defendant. — 2 Brick. Dig. p. 140; 3 Brick. Dig. p.584; Carlisle v.…
2Cases cited1 opinion
- Carlisle v. KillebrewSupreme Court of Alabama · 1890
3Cited by7 opinions
- Kress v. PorterSupreme Court of Alabama · 1902
- White v. SimpsonSupreme Court of Alabama · 1899
- Dayton Rubber Mfg. Co. v. McCormackSupreme Court of Alabama · 1929
- McMahan v. BrowneSupreme Court of Alabama · 1914
- Herron v. AllenSouth Dakota Supreme Court · 1913
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