Carter Bros. & Co. v. Ellis, Thomas & Hill
Supreme Court of Alabama
Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. The appellants in this case, suing as partners, commenced an action against A. T. Palmer, by attachment sued out before a justice of the peace, on the 27th February, 1888. By indorsement on the writ of attachment, the justice appointed and •deputized O. B. Williamson as special constable to levy it; and it was levied by him, on the same day, on a stock of goods then in the possession of said…
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Appeal from the Circuit Court of Jefferson. Tried before the Hon. James B. Head. The appellants in this case, suing as partners, commenced an action against A. T. Palmer, by attachment sued out before a justice of the peace, on the 27th February, 1888. By indorsement on the writ of attachment, the justice appointed and •deputized O. B. Williamson as special constable to levy it; and it was levied by him, on the same day, on a stock of goods then in the possession of said Palmer. The debt claimed by the plaintiffs was $163, and the attachment was made returnable to the next term of the Circuit…
1Opinion of the CourtMcCLELLAN, J.
We are not inclined to disturb the authority of the case of Peebles v. Weir, 60 Ala. 416, as to the competency of a special constable to levy an attachment issued by a justice of the peace, and returnable to the Circuit Court, for an amount greater than the justice’s jurisdiction, and not in excess of the bond required to be given by constables. For many years — at least as far back as 1838— justices of the peace have had authority to issue attachments for sums exceeding their final jurisdiction, and make them returnable into the Circuit Court. But prior to the act of February 5, 1856 (Acts…
2Cases cited3 opinions
- Peebles v. WeirSupreme Court of Alabama · 1877
- Brinsfield v. AustinSupreme Court of Alabama · 1863
- Martin v. DollarSupreme Court of Alabama · 1858
3Cited by2 opinions
- Pickett v. RichardsonSupreme Court of Alabama · 1931
- Tucker v. QuickAlabama Court of Appeals · 1922