Dow v. Whitman
Supreme Court of Alabama
Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. This action was brought by Whitman & Ousley, as partners, against Lorenzo Dow; was founded on the defendant’s promissory note for $100, dated the 13th September, 1856, jiayable on the 15th October next after date, to the order of J. T. Norman, and transferred by said Norman to plaintiffs; and was commenced by original attachment, sued out before a justice of the peace, on the 30th March, 1858. The…
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Appeal from the Circuit Court of Lowndes. Tried before the Hon. Nat. Cook. This action was brought by Whitman & Ousley, as partners, against Lorenzo Dow; was founded on the defendant’s promissory note for $100, dated the 13th September, 1856, jiayable on the 15th October next after date, to the order of J. T. Norman, and transferred by said Norman to plaintiffs; and was commenced by original attachment, sued out before a justice of the peace, on the 30th March, 1858. The attachment recites, that oath was made before the justice that the defendant was a nonresident ; but the clerk certifies…
1Opinion of the CourtStone, J.
The amended judgment is properly before us on this appeal, and must be regarded as the judgment in the cause. We content om’seives with a citation of the authorities. — Cunningham v. Fontaine, 25 Ala. 644; Farmer v. Wilson, 34 Ala. 75; Moore v. Horn, 5 Ala. 234.
[2.] The objection, that the record does not contain the *606affidavit on which the attachment was sued out, is not well taken. — Code, §§2561, 2562; Jones v. Pope, 6 Ala. 154; Kirkman v. Patton, 19 Ala. 32.
[3.] This case coming up on. appeal, the recital in the amended judgment entry, “that publication was made giving defendant notice…
2Cases cited8 opinions
- Hartley v. BloodgoodSupreme Court of Alabama · 1849
- Cunningham v. FontaineSupreme Court of Alabama · 1854
- Cullum v. Branch BankSupreme Court of Alabama · 1853
- Butler v. ButlerSupreme Court of Alabama · 1847
- Moore v. HornSupreme Court of Alabama · 1843
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Kindel v. Beck & Pauli Lithographing Co.Supreme Court of Colorado · 1893
- Brown v. StateSupreme Court of Florida · 1892
- White v. SimpsonSupreme Court of Alabama · 1894
- Diston & Sons v. HoodSupreme Court of Alabama · 1887
- Lanier v. RussellSupreme Court of Alabama · 1883
9 more not listed; retrieve them via the Exa API.