Adler v. Potter
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before the Hon. JONATHAN HARALSON. This action was brought by Lewis W. Potter, appellee, against Moses Adler and his sureties, appellants, on a bond .given to replevy certain property levied upon under an attachment issued at the suit of said Potter.
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Appeal from the City Court of Selma. Tried before the Hon. JONATHAN HARALSON. This action was brought by Lewis W. Potter, appellee, against Moses Adler and his sureties, appellants, on a bond .given to replevy certain property levied upon under an attachment issued at the suit of said Potter. L. W. Potter leased land to Collins and McNair for the year 1871, and issued an attachment against the crop raised by his tenants for the rent in kind due him for 1871, which was returnable to the then next term of the Circuit Court of Dallas. This attachment was placed in the hands, of De Camp, who, as…
1Opinion of the CourtBrickell, C. J.
1. The bond was very unskillfully drawn, and is variant from the statute directing the mode of' replevying property, on which an attachment is levied, in several necessary constituents. It could not, therefore, operate as a statutory bond, on which execution could issue against all the obligors, for the amount of the judgment and costs, if the property levied on was not returned within the time expressed in its condition. The bond is nevertheless •valid as a common-law obligation, supported by the consideration, that the property levied on was withdrawn from the possession of the officer…
2Cases cited5 opinions
- Meredith v. RichardsonSupreme Court of Alabama · 1846
- Mead v. FighSupreme Court of Alabama · 1842
- Anderson v. RheaSupreme Court of Alabama · 1844
- Easley v. WalkerSupreme Court of Alabama · 1846
- Tallmadge v. RichmondNew York Supreme Court · 1812
3Cited by22 opinions
- Wilson v. DuncanSupreme Court of Alabama · 1896
- Roswald & Stoll v. Hobbie & TeagueSupreme Court of Alabama · 1887
- Traweek v. HeardSupreme Court of Alabama · 1892
- Ward v. HoodSupreme Court of Alabama · 1899
- Person v. ThorntonSupreme Court of Alabama · 1888
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