136 So. 733 | Ala. | 1931
Whatever may be the rule elsewhere, it is the settled law of this state that, to create a lien by filing for registration a certificate of judgment under the provisions of sections 7874 and 7875, Code of 1923, there must be strict observance of the requirements of the statute as to the contents of such certificate. Duncan v. Ashcraft, Admr., etc.,
The reason for applying the rule of strict construction was stated in Duncan v. Ashcraft, Adm'r, etc.,
The rule of liberal construction adverted to in Enslen, Adm'x, v. Wheeler, Adm'r,
Prior to the amendment of the statute by the act of February 23, 1899, the statute required the certificate to state the name of the owner of the judgment. Travis v. Rhodes,
The statute provides that the certificate "shall show the style of the court which rendered the decree or judgment, the amount and date thereof, the amount of costs, the names of allparties thereto, and the name of the plaintiff's or complainant's attorney." (Italics supplied.) Code 1923, § 7874.
The statute in this respect is mandatory, and the Legislature must have thought that these specific requirements were important, and it must be held that they are essential to the creation of the statutory lien. Zininam v. State,
In the instant case, the plaintiffs in the suit in which the judgments were rendered, as the averments of the bill show, were "J. G. Duncan, Sr., and J. G. Duncan, Jr., doing business as partners under the firm name of "J. G. Duncan Son," and the certificates issued stated the names of plaintiffs as "J. G. Duncan Son." This was not a sufficient compliance with the statute. Ladd v. Smith, supra; Conn v. Sellers, supra.
The judgment here is that the demurrers to the bill were properly sustained, and the decree must be affirmed. It is so ordered.
Affirmed.
ANDERSON, C. J., and SAYRE and THOMAS, JJ., concur.