Peebles v. Weir
Supreme Court of Alabama
Appeal from tbe Circuit Court of Sumter. Tried before tbe Hon. Luther B. Smith. This action was brought by Mrs. H. E. Weir, against W. P. Peebles, and was commenced by an attachment, sued out before a justice of tbe peace, on the 12th December, 1877. Tbe affidavit for tbe attachment stated, “ tbat W. P. Peebles is justly indebted to tbe said H. E. Weir, for fourteen bales of cotton, due for land rent during tbe year 1877, after allowing all just offsets and discounts; and…
Read the full summary
Appeal from tbe Circuit Court of Sumter. Tried before tbe Hon. Luther B. Smith. This action was brought by Mrs. H. E. Weir, against W. P. Peebles, and was commenced by an attachment, sued out before a justice of tbe peace, on the 12th December, 1877. Tbe affidavit for tbe attachment stated, “ tbat W. P. Peebles is justly indebted to tbe said H. E. Weir, for fourteen bales of cotton, due for land rent during tbe year 1877, after allowing all just offsets and discounts; and tbat tbe said W. P. Peebles is justly indebted for laud rent; and tbat this attachment is not sued out for the purpose of…
1Opinion of the CourtBrickell, C. J.
1. Attachments, founded on a past-due demand, are triable at the term of the court to which they are returnable, if the levy is made, and notice given, twenty days before the commencement of the term. — Code of 1876, § 3323; Rice v. Clements, at last term. Actual notice to the defendant, that he may have the opportunity of appearing and making defense, it is the purpose of the statute to afford him, as the condition on which the plaintiff may proceed to trial and judgment at the return term. The purpose of the statute is fully accomplished, whenever, from the proceedings in the cause, it…
2Cases cited3 opinions
- Richard v. MooneyMississippi Supreme Court · 1860
- Brinsfield v. AustinSupreme Court of Alabama · 1863
- Ware v. ToddSupreme Court of Alabama · 1840
3Cited by19 opinions
- Hall v. PearceSupreme Court of Alabama · 1923
- Winter v. Union Packing Co.Oregon Supreme Court · 1908
- Oliver v. KinneySupreme Court of Alabama · 1911
- Pickett v. RichardsonSupreme Court of Alabama · 1931
- Britton v. GoodmanMassachusetts Supreme Judicial Court · 1920
14 more not listed; retrieve them via the Exa API.