McAbee v. Parker
Supreme Court of Alabama
Appeal from the Circuit Court of Blount. Tried before the Hon. James Aiken. This action was commenced by attachment, sued out by W. P. Parker, on the 16th February, 1885, on the ground that the defendant, A. A. McAbee, secreted himself so that the ordinary process of law could not be served on him.
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Appeal from the Circuit Court of Blount. Tried before the Hon. James Aiken. This action was commenced by attachment, sued out by W. P. Parker, on the 16th February, 1885, on the ground that the defendant, A. A. McAbee, secreted himself so that the ordinary process of law could not be served on him. The sheriff returned the attachment, February 17th, “Executed this day, for want of personal property, b.y levying this writ upon the following lands,” describing them, “ as the property of said defendant, and gave him notice thereof in writing left at his residence.” In the affidavit for the…
1Opinion of the CourtSomerville, J.
The suit is one commenced by attachment, which was levied on certain described lands of the defendant, and the judgment taken in the cause was by default.
1. The first objection urged is, that the record fails to show that the defendant resided in the county of Blount, and that the judgment can not be supported in the absence of this affirmative showing by the sheriff’s return. Section 3260 of the Code of 1876 provides, that notice of the levy of the attachment shall be given by the officer making the levy, by leaving a written notice at the residence of the defendant, if he is resident of the…
2Cases cited8 opinions
- Rea v. Longstreet & SedgwickSupreme Court of Alabama · 1875
- May v. Courtnay, Tennant & Co.Supreme Court of Alabama · 1872
- Roberts v. BurkeSupreme Court of Alabama · 1844
- Wright v. SnedecorSupreme Court of Alabama · 1871
- Brinsfield v. AustinSupreme Court of Alabama · 1863
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3Cited by6 opinions
- Cartwright v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1890
- Hutchison & Wilson v. PowellSupreme Court of Alabama · 1890
- Fears v. ThompsonSupreme Court of Alabama · 1886
- Farmers' State Bank of Huntsville v. InmanSupreme Court of Alabama · 1922
- Jaffe v. LeathermanSupreme Court of Alabama · 1933
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