Horton v. Miller & Bro.
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Tried before Hon. John B. Tally. This was an action brought by the appellees, T. G-. Miller & Bro., against the appellant, A. J. Horton, for the recovery of advances made the defendant, as tenant, by the plaintiffs, as landlords, for the purpose of enabling him, the defendant, to make a crop. The suit was commenced by attachment issued from a justice of the peace’s court.
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Appeal from Cherokee Circuit Court. Tried before Hon. John B. Tally. This was an action brought by the appellees, T. G-. Miller & Bro., against the appellant, A. J. Horton, for the recovery of advances made the defendant, as tenant, by the plaintiffs, as landlords, for the purpose of enabling him, the defendant, to make a crop. The suit was commenced by attachment issued from a justice of the peace’s court. There judgment was rendered for the plaintiffs, and the case was taken to the Circuit Court by ccA'iiorari, and this appeal is now brought from the Circuit Court. The original complaint,…
1Opinion of the CourtStone, C. J.
This suit was commenced by attachment, and is governed by §§ 3056 (3467) and 3075 (3479), Code of 1886. The affidavit for attachment is very defective, and if the objection had been raised at the proper time, the attachment ought to have been dissolved. It is not shown, however, that the question was made before the justice of the peace. It was too late to raise it after the case was carried to the Circuit Court by appeal. — Staggers v. Washington, 56 Ala. 225.
But the appeal did not change the character of the suit. It was still an attachment proceeding, instituted under §§ 3467, 3480 of the…
2Cases cited9 opinions
- Culver v. HillSupreme Court of Alabama · 1880
- Sledge v. Swift, Murphy & Co.Supreme Court of Alabama · 1875
- Wilkinson v. KetlerSupreme Court of Alabama · 1877
- Vandegrift v. Abbott.Supreme Court of Alabama · 1883
- Mooney v. HoughSupreme Court of Alabama · 1887
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3Cited by8 opinions
- First National Bank v. ChaffinSupreme Court of Alabama · 1897
- Shepherd v. Butcher Tool & Hardware Co.Supreme Court of Alabama · 1916
- Murray & Peppers v. DickensSupreme Court of Alabama · 1906
- Spencer v. RichardsonSupreme Court of Alabama · 1937
- Simmons v. SimmonsWest Virginia Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.