Garnett v. Roper
Supreme Court of Alabama
Error to the Circuit Court of Pickens. ActioN of debt by Roper against Garnett, as the administrator of one Russell, on a bond executed by him as the surety for one Grimes, given by the latter upon interposing a claim to certain horses, levied on as the property of one Parks, at the suit of Roper.
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Error to the Circuit Court of Pickens. ActioN of debt by Roper against Garnett, as the administrator of one Russell, on a bond executed by him as the surety for one Grimes, given by the latter upon interposing a claim to certain horses, levied on as the property of one Parks, at the suit of Roper. The bond is conditioned that Grimes should have the horses forthcoming, if the same should be found liable to the attachment, and pay such costs and damages as should be recovered, for putting in the claim for delay. The declaration sets out the attachment, its levy, the taking of the bond by the…
1Opinion of the CourtGoldthwaite, J.
1. The statute directs that the same proceedings shall be had on claims interposed when an attachment is levied as may be had when the property is taken on a fi. fa. [Dig. 57, § 11; Yarborough v. Moss, 9 Ala. Rep. 382.] It is true, a statutory remedy is given in the proper pursuit of which the plaintiff is enabled to have execution immediately, on the bond, without a suit at law, and it is to the statutes which govern this peculiar remedy that the counsel for the plaintiff in error calls our attention, and under which it is quite probable all that he insists for may be required. [Dig. 213, §…
2Cases cited1 opinion
- Yarborough v. MossSupreme Court of Alabama · 1846
3Cited by6 opinions
- Smith v. GillamSupreme Court of Alabama · 1885
- Autauga County v. DavisSupreme Court of Alabama · 1858
- State v. ParkerSupreme Court of Alabama · 1882
- Gurley v. RobertsonSupreme Court of Alabama · 1912
- James v. Kitzenger & Co.Alabama Court of Appeals · 1915
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