Jones v. Holland

Supreme Court of Alabama

Jones v. Holland

47 Ala. 732

CourtSupreme Court of Alabama

DecidedJanuary 15, 1872

StatusPublished

Cited by2 cases

This text of 47 Ala. 732 (Jones v. Holland) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jones v. Holland, 47 Ala. 732 (Ala. 1872).

Pincite

Opinion

B. F. SAFFOLD. J.

The suit was commenced by attachment, and was for the recovery of the rent of land due, as stated in the affidavit, on the 1st of November, 1869. The judgment by default was obtained October 21,1869.

An attachment may issue to enforce the collection of a debt not due, but the complaint is not required to be filed until the maturity of the debt. — Rev. Code, §§ 2927, 2999. There is no authority for rendering judgment against the defendant until the debt is due.

The judgment is reversed and the cause remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

B. F. SAFFOLD. J.

The suit was commenced by attachment, and was for the recovery of the rent of land due, as stated in the affidavit, on the 1st of November, 1869. The judgment by default was obtained October 21,1869.

An attachment may issue to enforce the collection of a debt not due, but the complaint is not required to be filed until the maturity of the debt. — Rev. Code, §§ 2927, 2999. There is no authority for rendering judgment against the defendant until the debt is due.

The judgment is reversed and the cause remanded.

Cite This Page — Counsel Stack

Bluebook (online)

47 Ala. 732, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-holland-ala-1872.

Opinion

B. F. SAFFOLD. J.

Related

Cite This Page — Counsel Stack