Harmon Bros. v. Jenks
Supreme Court of Alabama
ArpEAL from Bullock Circuit Court. Tried before the Hon. J. M. Carmichael. Appellee sued appellants in attachment for rent of a storehouse.
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ArpEAL from Bullock Circuit Court. Tried before the Hon. J. M. Carmichael. Appellee sued appellants in attachment for rent of a storehouse. The judgment entry recites, “Came the defendants by their attorneys and moves the court for a rule against the plaintiffs to show cause why the lien created by the levy of the attachment upon the personal property described in said levy should not be dissolved, said levy be dismissed and said attachment quashed, which rule being granted, the plaintiff being in court waived notice thereof and filed his answer to said rule, to which defendants filed their…
1Opinion of the CourtClopton, J.
This suit originated in an attachmexit issued to enforce a landlord’s lien for rent. The defendants moved for a rule on the plaintiff to show cause why the attachment should not be dissolved, on the ground that it was sued out on a cause of action for which an attachment was not authorized by law, and that plaintiff did not have a lien as land-. lord on the goods levied on. The rule is well settled, that when an attachment is issued on a caxxse of action for which such process is not authorized by law — as when sued out by a landlord to enforce a lien for rent, on a demand ox- debt other than…
2Cases cited3 opinions
- Adair v. StoneSupreme Court of Alabama · 1886
- Reiss v. BradyCalifornia Supreme Court · 1852
- Kidd v. TurnerSupreme Court of Alabama · 1875
3Cited by2 opinions
- Abraham v. NicrosiSupreme Court of Alabama · 1888
- Mann Lumber Co. v. Bailey Iron WorksSupreme Court of Alabama · 1908