Rosenberg v. Claflin Co.
Supreme Court of Alabama
Appeal from tbe Circuit Court of Dallas. Tried before tbe Hon. JOHN Moobe. Tbe record shows tliese facts: On tbe 20th January, 1891, an attachment was sued out in tbe name of “ H. B. Claflin Company,” without other words of description, against F. S. & H. Bosenberg; and was levied by the sheriff on the defendants’ stock of goods.
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Appeal from tbe Circuit Court of Dallas. Tried before tbe Hon. JOHN Moobe. Tbe record shows tliese facts: On tbe 20th January, 1891, an attachment was sued out in tbe name of “ H. B. Claflin Company,” without other words of description, against F. S. & H. Bosenberg; and was levied by the sheriff on the defendants’ stock of goods. The sheriff’s return on the attachment stated that die gave personal notice of the levy to the defendants on the 22d March, and the same date is copied in the return to a certiorari. During the trial term, March 18th, leave was -granted to the sheriff to “amend his…
1Opinion of the CourtWalken, J.
1. The record fails to show that any action was taken by the Circuit Court on the motion of the defendants to require the plaintiff to give security for the costs. As it does not appear that the motion was insisted on, or even called to the attention of the court, the presumption on appeal is that it was abandoned or waived. Hutcheson v. Powell, 92 Ala. 619; Covington County v. Kinney, 45 Ala. 176; Dougherty v. Colquitt, 2 Ala. 337.
2. A suit commenced by attachment is triable' at the return term of the writ, if the levy has been made and notice *252thereof given twenty days before the…
2Cases cited10 opinions
- Louisville & Nashville Railroad v. TrammellSupreme Court of Alabama · 1890
- Manning v. MaroneySupreme Court of Alabama · 1888
- Lampley v. BeaversSupreme Court of Alabama · 1854
- Peebles v. WeirSupreme Court of Alabama · 1877
- Dougherty v. ColquittSupreme Court of Alabama · 1841
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3Cited by10 opinions
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- Head v. J. M. Robinson, Norton & Co.Supreme Court of Alabama · 1915
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