McMahan v. Browne
Supreme Court of Alabama
Appeal from Gadsden City Court. Heard before Hon. John. H. Disque. Attachment by C. B. McMahan against N. B. Browne. There was judgment for plaintiff which was set aside on defendant’s motion and plaintiff appeals.
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Appeal from Gadsden City Court. Heard before Hon. John. H. Disque. Attachment by C. B. McMahan against N. B. Browne. There was judgment for plaintiff which was set aside on defendant’s motion and plaintiff appeals. (Transferred from Court of Appeals.) The judgment was sufficient as against collateral attack. — Sec. 2931, Code 1907; Diston v. Iioocl, 83 Ala. 331. The action of the court in setting aside the judgment should be affirmed on the authority of Wilmerding v. Corbin B. Co., 126 Ala. 269.
1Opinion of the CourtSomerville, J.
-The notice prescribed by section 2931 of the Code for nonresident defendants in attachment is that upon the return of the writ “the clerk shall cause a notice of the attachment and levy on the defendant’s property to be advertised, once a week for three *273consecutive weeks, in some newspaper, a copy of which must be sent by mail to the defendant, if his residence is known or can he ascertained.”. The judgment entry in this case is: “On this the 15th day of January, 1912, comes the plaintiff by attorneys and shows to the court that the defendant is a nonresident of the state of Alabama, and…
2Cases cited6 opinions
- Wilmerding v. Corbin Banking Co.Supreme Court of Alabama · 1899
- White v. SimpsonSupreme Court of Alabama · 1894
- Diston & Sons v. HoodSupreme Court of Alabama · 1887
- White v. SimpsonSupreme Court of Alabama · 1899
- Soulard v. Vacuum Oil Co.Supreme Court of Alabama · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Kennedy v. LykeSupreme Court of Alabama · 1917
- Herrick v. HerrickSupreme Court of Alabama · 1914
- Worrell v. StateAlabama Court of Appeals · 1916
- Snodgrass v. EdmundsonSupreme Court of Alabama · 1940