Thornton v. Winter
Supreme Court of Alabama
Error to the Circuit Court of Barbour. Debt commenced by attachment, by the defendant, against the plaintiff in error. The sheriff returned the attachment, “ levied this attachment on one pair of shoes.” Two persons were also summoned as garnishees-, against one of whom a judgment was rendered on his answer, which was after-wards set aside, and the garnishment discharged.
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Error to the Circuit Court of Barbour. Debt commenced by attachment, by the defendant, against the plaintiff in error. The sheriff returned the attachment, “ levied this attachment on one pair of shoes.” Two persons were also summoned as garnishees-, against one of whom a judgment was rendered on his answer, which was after-wards set aside, and the garnishment discharged. The plaintiff obtained judgment against the defendant in attachment, and subsequently the plaintiff making the necessary affidavit, J. B. Robinson and J. Brooks were summoned as garnishees, and answering, a judgment was…
1Opinion of the CourtOrmond, J.
By the attachment law of this State, the attachment may be levied “ on the lands, goods, chattels or effects of the defendant, or it may be levied on a debt due him in the hands of his debtor, who is garnisheed to appear and answer.”
The levy of the attachment, is by the statute made equivalent to the service of ordinary process, and is in law the appearance of the defendant. The levy on a pair of shoes, was, if really made, and the shoes were of any value, a sufficient levy to sustain the attachment. They are the goods of the defendant, and therefore within the terms of the statute. If the…
2Cases cited1 opinion
- Kirksey v. BatesSupreme Court of Alabama · 1840
3Cited by3 opinions
- Grier v. CampbellSupreme Court of Alabama · 1852
- King v. BucksSupreme Court of Alabama · 1847
- Tiffany v. GloverSupreme Court of Iowa · 1852