Bozeman v. Rose
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. E. Bug-bee. This action was brought by Howell Eose, against Nathan and David TV.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. E. Bug-bee. This action was brought by Howell Eose, against Nathan and David TV. Bozeman, and was commenced by original attachment, issued on the 4th August, 1865. The attachment was sued out by Thomas Williams, as the agent of the plaintiff, on the ground that one of the defendants was about to remove beyond the limits of the State; and he also made a special affidavit before Judge Bugbee, at the same time, in which he thus stated the cause of action: “On the 3d day of June, 1863, Howell Eose and Nathan and David W. Bozeman…
1Opinion of the CourtJudge, J.
Section 2503 of tbe Code is as follows: “ Attachments may issue : 1. To enforce tbe collection of a debt, whether it be due or not at tbe time the attachment is taken out. 2. Eor any moneyed demand, the amount of which can be certainly ascertained. 3. To recover damages for a breach of contract, when the damages are not certain or liquidated. 4. When the action sounds in damages merely.”
If the attachment be issued “ to recover damages for a breach of contract, when the damages are not certain or liquidated”, or in an “action sounding in damages merely ”, it must be issued by a circuit judge,…
2Cases cited8 opinions
- Holley v. YoungeSupreme Court of Alabama · 1855
- Gibson v. MarquisSupreme Court of Alabama · 1857
- Butts v. CollinsCourt for the Trial of Impeachments and Correction of Errors · 1834
- Ex parte BanksSupreme Court of Alabama · 1856
- McCord v. WilliamsSupreme Court of Alabama · 1841
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
- Rose's Executors v. BozemanSupreme Court of Alabama · 1868
- Guy v. LeeSupreme Court of Alabama · 1886
- Henry & Co. v. Northern BankSupreme Court of Alabama · 1879
- Purdom Naval Stores Co. v. Western Union Telegraph Co.U.S. Circuit Court for the Southern District of Georgia · 1907
4 more not listed; retrieve them via the Exa API.