Legal Opinion

Foster v. Glazener

Supreme Court of Alabama

Decided June 15, 1855PublishedCited by 19 opinions

Appeal from the Circuit Court of Talladega. Tried before the Hon. John Gill Shorter, This was an action of debt, brought by Irá R. Foster against Sion B. Glazener.

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Appeal from the Circuit Court of Talladega. Tried before the Hon. John Gill Shorter, This was an action of debt, brought by Irá R. Foster against Sion B. Glazener. The declaration contained all the common counts, and a special count, alleging that,. on the 28th August, A. D. 1848, at a term of the Superior Court begun and held in and for the county of Forsyth, in the State of Georgia, one of the United States of America, in a cause therein pending, wherein Ira R. Foster was plaintiff, and Sion B. Glazener was defendant, for the purpose of establishing a lost note,; by the consideration and…

1Opinion of the CourtChilton, C. J.

The proceedings in the State of Georgia, to supply evidence of the lost note, predicated, as they were, upon the ex parte affidavit of the appellant, and without notice to the appellee, cannot be assimilated to proceedings upon original attachments, where the lands or personal property of the defendant are seized, and are considered in custody of the law, in lieu of the person of the debtor; and, to that extent, are analogous to proceedings in rem. Here, the court had neither the person, nor the rem, in custody.

It is a well-settled principle of international law, that every attempt on the…

2Cases cited2 opinions

  1. Bissell v. BriggsMassachusetts Supreme Judicial Court · 1813
  2. Holmes v. BroughtonNew York Supreme Court · 1833

3Cited by19 opinions

  1. Jennings v. JenningsSupreme Court of Alabama · 1948
  2. Stevens v. BrownWest Virginia Supreme Court · 1882
  3. Werz v. WerzMissouri Court of Appeals · 1881
  4. Crimm v. CrimmSupreme Court of Alabama · 1924
  5. Falk v. HechtSupreme Court of Alabama · 1883

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