Oliver v. Kinney
Supreme Court of Alabama
Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speakk. Assumpsit by E. C. Kinney against W. J. Oliver, with attachment and garnishment. Judgment for plain- . tiff and defendant appeals.
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Appeal from Cullman Circuit Court. Heard before Hon. D. W. Speakk. Assumpsit by E. C. Kinney against W. J. Oliver, with attachment and garnishment. Judgment for plain- . tiff and defendant appeals. The judgment ivas prematurely rendered. — Sec. 2961, Code 1907; see also sections 2962-4, and sections 5346-7. A plea in abatement must come before a plea in bar or demurrer.— Brown v. Powell, 4 Ala. 149; Leiff’s Case, 101 Ala. 544. A judgment by default or nil dicit in attachment proceedings cannot he rendered until after the expiration of three days of the return term. — Woolsey v. R. R. (Jo., 28…
1Opinion of the CourtSayre, J.
Suit in this case was commenced in April, 1910, by attachment on the ground that the defendant was a nonresident. The attachment was levied upon goods and chattels and by the sheriff’s writ of garnishment to the Parker Bank & Trust Company. Defendant replevied the goods and chattels by executing a forthcoming bond, and secured a discharge of the garnishment, by giving bond as required by section 4312 of the Code of 1907. On September 17, 1910, plaintiff filed his complaint, and on September 21st, the same being the third day of the fall term of the circuit court, judgment nil dicit was…
2Cases cited12 opinions
- Exchange National Bank v. ClementSupreme Court of Alabama · 1895
- Peebles v. WeirSupreme Court of Alabama · 1877
- Grigg v. GilmerSupreme Court of Alabama · 1875
- Hawkins v. Armour Packing Co.Supreme Court of Alabama · 1894
- Chastain & Lawrence v. ArmstrongSupreme Court of Alabama · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Hall v. PearceSupreme Court of Alabama · 1923
- State Tax Commission v. Commercial Realty Co.Supreme Court of Alabama · 1938
- Ex Parte CullinanSupreme Court of Alabama · 1931
- Maner v. ManerSupreme Court of Alabama · 1966
- Ex Parte HaistenSupreme Court of Alabama · 1933
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