Wood v. Russell
Supreme Court of Alabama
Error to the Circuit Court of Macon. Tried before the Hon. Geo. W. Stone. The defendant in error commenced a suit by attachment against one Joseph Wood, in the Circuit Court of Macon, and the plaintiff in error was summoned as a garnishee. The writ of garnishment was sent to the county of Mobile, and was there served upon the garnishee, as appears by the return of the sheriff of that county.
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Error to the Circuit Court of Macon. Tried before the Hon. Geo. W. Stone. The defendant in error commenced a suit by attachment against one Joseph Wood, in the Circuit Court of Macon, and the plaintiff in error was summoned as a garnishee. The writ of garnishment was sent to the county of Mobile, and was there served upon the garnishee, as appears by the return of the sheriff of that county. A judgment nisi was rendered against the garnishee for failing to appear and answer, upon which writs of scire facias were issued to the sheriff of Macon county; and after two returns by him of “ not…
1Opinion of the CourtLigon, J.
In the case of Hall v. The State, 15 Ala. 431, it was held, that when two-writs of scire facias on a forfeited recognizance are returned “ nihil,” by the sheriff of the county in which the recognizance was entered into, it is equivalent to service; but two such returns by the sheriff of a different county, will not have the same effect. It is true, this decision is based on the requirements of the twenty-fifth section of the eighth chapter of the Penal Code, (Clay’s Dig. 442 § 25;) *646but the statute only prescribes what the rule of practice, arising from the separate and independent…
2Cases cited1 opinion
- Hall v. StateSupreme Court of Alabama · 1849
3Cited by3 opinions
- Pepperell Manufacturing Co. v. Alabama National BankSupreme Court of Alabama · 1954
- Goode v. HolcombeSupreme Court of Alabama · 1860
- Pepperell Manufacturing Co. v. Alabama National BankSupreme Court of Alabama · 1954