Avant v. Adams
Alabama Court of Appeals
Appeal from Circuit Court, Elmore County; W. W. Pearson, Judge. Suit by J. L. Avant and others against S. B. Adams and others. From a judgment dissolving attachment and vacating levy, plaintiffs appeal.
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Appeal from Circuit Court, Elmore County; W. W. Pearson, Judge. Suit by J. L. Avant and others against S. B. Adams and others. From a judgment dissolving attachment and vacating levy, plaintiffs appeal. The plaintiffs in the court below brought suit by attachment, issued out of the circuit court of Elmore county against the defendant and others, claiming for rent due on a farm for the year 1914. The writ was levied on certain cotton, and the defendant, appearing specially for that purpose, filed a motion to dissolve the writ and vacate the levy. The cause was tried on that issue alone, and…
1Opinion of the CourtSamford, J.
[1, 2] The appearance of the defendant was special and limited; such was his intention, and this court will not permit him to say now that it was not such. AVhere this is the case, the quashing of the attachment puts an end to the suit, and the judgment rendered thereon will support an appeal. Woodruff v. Rose, 43 Ala. 382, and authorities cited in Plunkett v. Dendy, 72 South. 525. The Only other question is the action of the court in dissolving the attachment. It is very clear that the owners or their agent proceeded with the collection of the moneys each year upon their construction of the…
2Cases cited5 opinions
- Wilkinson v. RoperSupreme Court of Alabama · 1883
- Plunkett v. DendySupreme Court of Alabama · 1916
- Thornton v. Strauss & SteinhardtSupreme Court of Alabama · 1885
- Patterson v. FolmarSupreme Court of Alabama · 1899
- Woodruff v. RoseSupreme Court of Alabama · 1869
3Cited by2 opinions
- Avant v. AdamsAlabama Court of Appeals · 1918
- Gillespie v. Bartlett & ByersSupreme Court of Alabama · 1924