DeArman v. Massey
Supreme Court of Alabama
Appeai. from Franklin Circuit Court. Heard before Hon. Joseph H. Nathan. Action sounding in damages for assault and battery, begun by Xute Massey against Arthur DeArman. The proceedings were begun by attachment levied upon real estate on the ground that defendant was an ablconder.
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Appeai. from Franklin Circuit Court. Heard before Hon. Joseph H. Nathan. Action sounding in damages for assault and battery, begun by Xute Massey against Arthur DeArman. The proceedings were begun by attachment levied upon real estate on the ground that defendant was an ablconder. The jury assessed ¿he damages at $2,200.00, and the property attached was condemned for sale to satisfy the judgment, and also a personal" judgment was entered against the defendant, although he had not been served with notice except by publication of notice of levy of the attachment. From this judgment defendant…
1Opinion of the CourtMcCLELLAN, J.
This is an action sounding in damages for an alleged assault and battery committed by appellant on appellee. It was begun by attachment, upon the ground that defendant was an absconder, and there was no personal service had on the defendant. Failing to appear, judgment by default was entered, and ou writ of inquiry the jury assessed the damages at $2,200. Upon this finding the court rendered a personal judgment against the defendant for said sum and also condemned to sale the real estate levied on. It is, of course, fundamental that, without jurisdiction of the person obtained, a personal…
2Cases cited1 opinion
- Exchange National Bank v. ClementSupreme Court of Alabama · 1895
3Cited by6 opinions
- Jos. Joseph. & Bros. v. Hoffman & McNeillSupreme Court of Alabama · 1911
- Visible Measure Gasoline Dispenser Co. v. McCarty Drug Co.Supreme Court of Alabama · 1921
- Planters Chemical & Oil Co. v. Waller &. Co.Supreme Court of Alabama · 1909
- Shuttleworth & Co. v. Marx & Co.Supreme Court of Alabama · 1909
- Southern Timber & Investment Co. v. CreaghSupreme Court of Alabama · 1908
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