Letondal v. Huguenin
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This suit (A. C. Huguenin vs. Jules Letondal) was commenced by original attachment, sued out on the ground that the-defendant had .money, property, or effec.ts, liable - to the satisfaction of plaintiff’s debt, which he fraudulently withheld.
Read the full summary
Appeal from the Circuit Court of Mobile. Tried before the Hon. C. W. Rapier. This suit (A. C. Huguenin vs. Jules Letondal) was commenced by original attachment, sued out on the ground that the-defendant had .money, property, or effec.ts, liable - to the satisfaction of plaintiff’s debt, which he fraudulently withheld. The attachment was issued by the clerk of the Circuit Court, on the 23d February, 1854, and,was returnable {not “ to the next term of the Circuit Court,” &c., but) “ at the court-house, on the third Monday after the fourth Monday in March next” ; and it was levied, on the 24th…
1Opinion of the CourtRice, J.
—If the provisions of the Code only governed this case, the judgment by default could not be supported; because on the mere levy of an attachment, it was rendered at the first term after such levy, and on the first day of the term. Code, § 2570; Pruitt v. Clack, 9 Porter’s R. 286.
But the provisions of the Code, in this class of cases, are materially modified by the act of 17th February, 1854, whenever such cases are brought in the Circuit or City Court of Mobile.— Pamphlet Acts of 1853-4, pp. 91-2.
*556The attachment in this case was levied more than twenty days before the case was placed on the…
2Cited by14 opinions
- Brooklyn Life Insurance v. BledsoeSupreme Court of Alabama · 1875
- Pickens v. OliverSupreme Court of Alabama · 1857
- Milton v. HadenSupreme Court of Alabama · 1858
- Douglas v. BeasleySupreme Court of Alabama · 1866
- Gunter v. Dale CountySupreme Court of Alabama · 1870
9 more not listed; retrieve them via the Exa API.