Dow v. Whitman

36 Ala. 604
Supreme Court of Alabama·Decided June 15, 1860·Published·Cited by 14 cases

Opinion

STONE, 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 [606] affidavit 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 according to law,” was not a sufficient compliance with the statute. — Code, § 2510. The recital should show that the publication was made for four consecutive weeks, giving notice of the attachment and levy. — Keiffer v. Barney, 31 Ala. 193 ; Butler v. Butler, 11 Ala. 668; Hartley v. Bloodgood, 16 Ala. 233; Cullum v. Branch Bank, 23 Ala. 797.

Reversed and remanded.

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Dow v. Whitman, 36 Ala. 604 (Ala. 1860).

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