Albritton v. Williams
Supreme Court of Alabama
Appbad from tire Circuit. Court of Wilcox. Tried before the Hon. John Moore. The appellant, E. W. Albritton, brought an action in the justice, of the peace court against Henry Ellis and recovered a judgment against said Ellis. Upon this judgment an execution was issued and levied upon two mules and a horse, the property of said Ellis. Thereupon the appellee, J. C. Williams, interposed a claim to the property so levied upon by making affidavit and giving claim bond.
Read the full summary
Appbad from tire Circuit. Court of Wilcox. Tried before the Hon. John Moore. The appellant, E. W. Albritton, brought an action in the justice, of the peace court against Henry Ellis and recovered a judgment against said Ellis. Upon this judgment an execution was issued and levied upon two mules and a horse, the property of said Ellis. Thereupon the appellee, J. C. Williams, interposed a claim to the property so levied upon by making affidavit and giving claim bond. The ’affidavit, however, was not signed by him or any one else, but the officer before whom it ivas made certified that it ivas…
1Opinion of the CourtHaralson, J.
— 1. Tbe plaintiff moved tbe court to quasb the affidavit of tbe claimant because it was not signed by bim or bis agent, or by any one. Tbe court overruled tlie motion, and at tlie instance of claimant, be was allowed to amend bis affidavit by signing tin--* same. Tbe affidavit needed no amendment: it. was good without claimant’s signature, since it bad tbe. jurat of tlie justice of tbe peace, before whom it was made, that it was sworn to before bim on tlie date it bears date. This clearly appears from tlie affidavit itself, introduced in evidence. The statute (Code, § 4141), docs not in…
2Cases cited7 opinions
- Chaney v. Burford Lumber Co.Supreme Court of Alabama · 1902
- Schamagel v. WhitehurstSupreme Court of Alabama · 1893
- Watts v. WomackSupreme Court of Alabama · 1870
- Higginbotham v. HigginbothamSupreme Court of Alabama · 1894
- Mitchell v. CorbinSupreme Court of Alabama · 1890
2 more not listed; retrieve them via the Exa API.