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36 Ala. 604

Dow v. Whitman

Supreme Court of Alabama

Decided June 15, 1860

Supreme Court of Alabama · decided 1860-06-15

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.

Relies on Hartley v. Bloodgood · Cunningham v. Fontaine · Cullum v. Branch Bank

Good law ✅— No negative treatment on recordhow we know

Decided 1860-06-15

How this case has been cited

Cited by 12 later decisions — most recently October 1932

12 state decisions

4018601870188018901900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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STONE, J.

¶1The 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[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[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.

¶4Reversed and remanded.

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