Legal Opinion

Hawkins v. Armour Packing Co.

Supreme Court of Alabama

Decided November 15, 1894PublishedCited by 16 opinions

Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. ■ The facts of the case are sufficiently stated in the opinion. There are two distinct, legitimate objects of the attachment law. (a.) To take and hold defendant’s property till judgment can be obtained condemning it. (b.) To bring non-resident defendants into court that personal judgment may be rendered. — Decatur & Nashville Imp.

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Appeal from the City Court of Birmingham. Tried before the Hon. H. A. Sharpe. ■ The facts of the case are sufficiently stated in the opinion. There are two distinct, legitimate objects of the attachment law. (a.) To take and hold defendant’s property till judgment can be obtained condemning it. (b.) To bring non-resident defendants into court that personal judgment may be rendered. — Decatur & Nashville Imp. Co. v. Crass, 97 Ala. 525; Meyer v. Keith, 99 Ala. 519; Peebles v. Weir, 60 Ala. 416; Sims, Harrison & Co. v. Jacobson ■ & Co., 51 Ala. 187; Code of 1886, §§ 2996, 2998. 2. When a…

1Opinion of the CourtHead, J.

The plaintiff, Hawkins, Admr., sued out attachment against defendants, a partnership, doing *547business in the name of Armour Packing Co., on the 15th day of April, 1892. On the same day, the sheriff of Jefferson county levied it on certain personal-property of defendants, and, though the attachment was sued out on the ground that defendants were non-residents of this State, the return shows that they were found in Jefferson county, and written notice of the levy was given them by the sheriff, in which notice they were required to appear and plead or demur to the complaint filed in the cause,…

2Cases cited4 opinions

  1. Peebles v. WeirSupreme Court of Alabama · 1877
  2. Vaughan v. RobinsonSupreme Court of Alabama · 1853
  3. Cobb v. Miller, Ripley & Co.Supreme Court of Alabama · 1846
  4. Massey v. Steele's adm'r.Supreme Court of Alabama · 1847

3Cited by16 opinions

  1. Woolf v. McGaughSupreme Court of Alabama · 1911
  2. Hall v. PearceSupreme Court of Alabama · 1923
  3. Dozier Lumber Co. v. Smith-Isburg Lumber Co.Supreme Court of Alabama · 1905
  4. Oliver v. KinneySupreme Court of Alabama · 1911
  5. Ex Parte HaistenSupreme Court of Alabama · 1933

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