Reynolds v. Simpkins
Supreme Court of Alabama
Attachment for Rent and Advances, instituted before Justice of the Peace. Appeal from the City Court of Selma. Tried before Hon. John Henderson.
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Attachment for Rent and Advances, instituted before Justice of the Peace. Appeal from the City Court of Selma. Tried before Hon. John Henderson. On October 27th, 1879, J. F. B. Simpkins made an affidavit before a justice of the peace, stating “ that Esther Reynolds and George Reynolds were indebted to him in the sum of forty-five dollars for rent, and advances after allowing all just off-sets and discounts, and the said Esther Reynolds and George Reynolds had removed apart of the crop without payinggrent and advances.” An attachment was issued on the same day against Esther and George…
1Opinion of the CourtSomeryille, J.
— In Staggers v. Washington, 56 Ala. 225, it is held, that where an attachment is commenced before a justice of the peace, and an appeal is taken to the Circuit Court, no objection can be there raised to the regularity of the proceedings, which was not taken before the justice’s court, although, if presented in time, it might have been fatal to the proceedings. — Code, (1876) § 3693. If there is any force in the objections urged, as presented by the motion in the City Court to quash, or the one to dissolve the attachment proceedings in this case, they came too late. — City Court of Selma v.…
2Cases cited2 opinions
- Staggers v. WashingtonSupreme Court of Alabama · 1876
- Whitaker v. Van HornSupreme Court of Alabama · 1869
3Cited by9 opinions
- Montgomery Gas-Light Co. v. Montgomery & Eufaula Railway Co.Supreme Court of Alabama · 1888
- Edmunds v. State, ex rel. DedgeSupreme Court of Alabama · 1917
- Jones v. EngelhardtSupreme Court of Alabama · 1885
- Plunkett v. DendySupreme Court of Alabama · 1916
- Stone v. GoldbergAlabama Court of Appeals · 1912
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