Legal Opinion

Prinz v. Weber

Supreme Court of Alabama

Decided November 15, 1899PublishedCited by 8 opinions

Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speaks. This suit was originated in a justice of the peace court by the suing out by the appellant of -an attachment against the appellee, who was a non-resident. Upon this writ an attachment was levied upon certain lands,, in the absence of personal property belonging to the defendants, upon which the levy could be made.

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Appeal from the Circuit Court of Cullman. Tried before the Hon. H. C. Speaks. This suit was originated in a justice of the peace court by the suing out by the appellant of -an attachment against the appellee, who was a non-resident. Upon this writ an attachment was levied upon certain lands,, in the absence of personal property belonging to the defendants, upon which the levy could be made. In the justice of the peace court, a personal judgment was rendered against the non-resident defendant, and it was provided in said judgment that the lands levied upon were liable for the judgment rendered…

1Opinion of the Court

HÁBALSON, J.

When the claim of exemptions of the defendant came on to he tried in the circuit court, the plaintiff offered the proceedings and papers that had been substituted before the justice, Fuller. The defendant objected to their introduction, on the grounds, 1st and 2d in substance the same, because notice of the substitution of papers was not sufficient to authorize judgment of substitution in justice’s court; 3d. Because they were not original papers, but were substituted papers and were irrelevant and immaterial; 4th, because notice from justice of the peace was issued to Max Merx,…

2Cases cited3 opinions

  1. United States v. ThrockmortonSupreme Court of the United States · 1878
  2. Diston & Sons v. HoodSupreme Court of Alabama · 1887
  3. V. & A. Meyer & Co. v. KeithSupreme Court of Alabama · 1892

3Cited by8 opinions

  1. Scroggins v. Alabama Gas CorporationSupreme Court of Alabama · 1963
  2. Johnson v. BryarsSupreme Court of Alabama · 1956
  3. Union Mut. Ins. Co. v. RobinsonSupreme Court of Alabama · 1927
  4. Sovereign Camp, W. O. W. v. GayAlabama Court of Appeals · 1924
  5. Rosenberg v. StateAlabama Court of Appeals · 1912

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