(Download) "Jones v. Preuit & Mauldin" by Eleventh Circuit U.S. Court of Appeals * eBook PDF Kindle ePub Free
eBook details
- Title: Jones v. Preuit & Mauldin
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 21, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
JOHNSON, Circuit Judge: On February 24, 1984, Samuel Jones filed suit against Preuit & Mauldin, a partnership engaged in the business of servicing equipment. The complaint alleged that on April 8, 1982, the defendants, acting pursuant to ALA.CODE § 35-11-111 (1975), obtained writs of attachment for three International Harvester cotton pickers belonging to Jones. The sheriff of Lawrence County seized the machines on April 18, 1982, without notice to Jones or a pre-seizure hearing. The attachment also took place prior to judgment in the defendants' underlying state court actions for a debt for repairs to the pickers. Jones claims that such prejudgment attachment procedures deprived him of due process of law in contravention of Fuentes v. Shevin, 407 U.S. 67, 92 S. Ct. 1983, 32 L. Ed. 2d 556 (1972), and its progeny. Jones brought this claim under 42 U.S.C.A. § 1983 (West 1981). The defendants moved for dismissal for failure to state a claim and for failure to bring the suit within the statutory time limit. The district court, 586 F. Supp. 1563, granted the motion and rejected the plaintiff's claim that the most relevant state statute was the three-year statute governing suits on attachment bonds, ALA.CODE § 6-6-148 (1975). Instead, the court applied the one-year ""catchall"" statute of limitations, covering ""actions for any injury to the person or rights of another not arising from contract and not specifically enumerated in this section."" ALA.CODE § 6-2-39(a)(5) (1975). Since the plaintiff had filed suit 22 months after the attachment, the court dismissed the case.