Ware v. Seasongood, Menderson & Co.
Supreme Court of Alabama
Appeal from Chancery Court of Montgomery County. Heard before the Hon. John A. Foster. The bill in this case was filed October 15, 1889, by the appellees, Seasongood, Menderson & Co., against the appellants, and seeks by the issuance of an equitable attachment against certain property specifically described in the bill, to collect a debt due them by Robert Y. Ware, Jr., an insolvent debtor.
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Appeal from Chancery Court of Montgomery County. Heard before the Hon. John A. Foster. The bill in this case was filed October 15, 1889, by the appellees, Seasongood, Menderson & Co., against the appellants, and seeks by the issuance of an equitable attachment against certain property specifically described in the bill, to collect a debt due them by Robert Y. Ware, Jr., an insolvent debtor. The averments of the bill, the prayer for relief, and the parties defendant are the same as found in the statement of facts in Ware v. Hamilton Brown Shoe Co., supra; with the exception of the additional…
1Opinion of the Court
STONE, O. J.
The affidavit and bond for attachment are not set out in the transcript before us, but it is not shown that *154their absence was made a question in the Chancery Court. The attachment recites that they were made and given, and we suppose the recital is true. We will make no ruling on this question. See McKenzie v. Bentley, 30 Ala. 139; Smith v. Moore, 35 Ala. 16.
When this bill was filed and the attachment sued out, the claim on which it was founded had not matured. It was made a ground of demurrer, and is urged before us that to-authorize equitable attachment, the debt must be due and…
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