Tucker v. Quick
Decision Date | 30 June 1922 |
Docket Number | 4 Div. 794. |
Citation | 18 Ala.App. 663,94 So. 275 |
Parties | TUCKER v. QUICK. |
Court | Alabama Court of Appeals |
Rehearing Denied Oct. 24, 1922.
Appeal from Circuit Court, Covington County; A. B. Foster, Judge.
Action in assumpsit by S. M. Quick against R. B. Tucker. From a judgment for plaintiff, defendant appeals. Affirmed.
Certiorari denied, 94 So. 276.
Powell & Reid, of Andalusia, for appellant.
A. Whaley, of Andalusia, for appellee.
The plaintiff, without making bond, began his suit against the defendant, who was a nonresident, by attachment issued by a justice of the peace, returnable to the circuit court; the amount claimed being in excess of the jurisdiction of the justice court. The attachment writ was placed in the hands of an unbonded special constable, who executed the writ by levying on a mule and buggy as the property of defendant. The defendant did not enter his unqualified appearance, as he might have done under the statute, thereby releasing the levy unless the plaintiff made bond, etc., but himself made bond for the forthcoming of the property, conditioned as follows:
"If the said R. B. Tucker shall deliver the property so levied on to the proper officer by 12 o'clock noon of the next term circuit court, at the courthouse door of said county, then this obligation to be void; otherwise, to remain in full force and effect."
This bond was approved by J. H. Price, D. S., June 26, 1920, and returned into the circuit court August 23, 1920. The defendant, by motion and special pleas, appearing specially for that purpose, first moved to dismiss and discharge the levy and dissolve the attachment. On this motion the court quashed the levy, but refused defendant's motion to dissolve the attachment. Defendant then filed the following plea:
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Ex parte Tucker
...B. Tucker for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in the case of R. B. Tucker v. S. M. Quick, 94 So. 275. Writ McClellan and Sayre, JJ., dissenting. Powell & Reid, of Andalusia, for petitioner. A. Whaley, of Andalusia, opposed. SOM......
- Ex parte State ex rel. Davis