Dumes v. McLosky
Supreme Court of Alabama
Error to the Circuit Court of Mobile. This was a distress for rent, in .the city of Mobile, commenced by the defendant in error, against the plaintiff in error, as administrator of Edmund Bacon, deceased.
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Error to the Circuit Court of Mobile. This was a distress for rent, in .the city of Mobile, commenced by the defendant in error, against the plaintiff in error, as administrator of Edmund Bacon, deceased. Affidavit having been made by the defendant in error, that Bacon was indebted to him for the rent of a house in Mobile, in the sum of five hundred dollars, and that the plaintiff’in error was his administrator, the justice issued a distress warrant, directed to the sheriff, and returnable to the' circuit court. Upon this, the sheriff returned, that he had levied the warrant upon certain…
1Opinion of the CourtOrmond, J.
This proceeding is upon a statute hpplicable only to the city of Mobile, passed 17th January, 1834; “that whenever any landlord, his agent, or attorney, shall make complaint, on oath, to any justice of the peace, in the city of Mobile, that any person is indebted to him for the rent of any tenement within the corporate limits of the city, and shall enter into bond and security in four times the amount of the rent alledged to be due, conditioned to pay the defendant all costs and damages for the wrongful suing out of the warrant hereinafter mentioned, it shall be lawful for the justice of the…
2Cases cited1 opinion
- Logan v. BarclaySupreme Court of Alabama · 1842
3Cited by2 opinions
- Foster v. WestmorelandSupreme Court of Alabama · 1875
- North v. EslavaSupreme Court of Alabama · 1847