Ex parte Seals Piano & Organ Co.
Supreme Court of Alabama
Original application in Supreme Court. Application by the Seals Piano & Organ Company for a writ of mandamus directed to the Honorable W. W. Pearson, judge of the circuit court, to require him to annul and set aside an order made by him continuing an attachment proceedings.
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Original application in Supreme Court. Application by the Seals Piano & Organ Company for a writ of mandamus directed to the Honorable W. W. Pearson, judge of the circuit court, to require him to annul and set aside an order made by him continuing an attachment proceedings. The affidavit was insufficient as a basis for any attachment, and this is the initiatory step, and the foundation of the whole proceeding. — § 4747, et seq., Code 1907; Drake on Attachment, §§ 83-4; Flexner, et al. v. Dickerson■, 65 Ala. 130. The statute cannot operate for rent not yet due except on affidavit of the…
1Opinion of the CourtMayfield, J.
This is an original application to this court, for a writ of Mandamus directed to Hon. W. W. Pearson, judge of the circuit court for Montgomery county, commanding and requiring him to set aside and annul an order made by him, continuing the trial of the cause pending in the circuit court of Montgomery county, wherein N. J. Bell et al. are plaintiffs and the Seals Piano & Organ Company is defendant, and to proceed with the trial of the cause. The action was one of attachment, instituted by N. J. Bell et al., as landlords, *445against the Seals Piano & Organ Company as tenant. The object of the…
2Cases cited4 opinions
- Ex parte City CouncilSupreme Court of Alabama · 1854
- Ex Parte South & North Alabama RailroadSupreme Court of Alabama · 1870
- Perkerson v. SnodgrassSupreme Court of Alabama · 1887
- Jones v. HollandSupreme Court of Alabama · 1872
3Cited by4 opinions
- Ex Parte DriverSupreme Court of Alabama · 1952
- Birmingham Purchasing Co. v. ColvinSupreme Court of Alabama · 1929
- Ex Parte TaylorSupreme Court of Alabama · 1945
- Wayne Pump Co. v. HarrisonSupreme Court of Alabama · 1945