Hazard v. Jordan
Supreme Court of Alabama
Writ of Error to the County Court of Mobile. Attachment by Hazard, against the goods, &c. of Jordon. The affidavit was made the 23d January, 1841, and describes Hazard as a resident of Rhode Island — avers that Jordan resides out of this State, so that the ordinary process of law cannot be served on him, is indebted to the plaintiff in t.he sum of $1400 — and has not sufficient property within the State of his residence, within the knowledge of the plaintiff wherefrom to…
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Writ of Error to the County Court of Mobile. Attachment by Hazard, against the goods, &c. of Jordon. The affidavit was made the 23d January, 1841, and describes Hazard as a resident of Rhode Island — avers that Jordan resides out of this State, so that the ordinary process of law cannot be served on him, is indebted to the plaintiff in t.he sum of $1400 — and has not sufficient property within the State of his residence, within the knowledge of the plaintiff wherefrom to satisfy the said debt. Certain proceedings on this attachment were afterwards had, which resulted in judgment for the…
1Opinion of the CourtGoldthwaite, J.
1. A preliminary question was ¡raised in the court below, whether it would entertain the motion to dissolve the attachment on account of the lapse of ¡time since it was issued. As a general rule, it cannot be questioned, the party should not be permitted to lie by without raising the objection when the cause for it is apparent ; but we apprehend the analogy which must govern the practice will be found in the rules which obtain in setting aside bailable process, on account of irregularities, and in pleading a variance between the declaration and the writ, when the former is not warranted by…
2Cases cited3 opinions
- Weaver v. PuryearSupreme Court of Alabama · 1847
- Comstock v. Meek & Co.Supreme Court of Alabama · 1845
- Ex parte RyanSupreme Court of Alabama · 1846
3Cited by3 opinions
- Brown v. CoatsSupreme Court of Alabama · 1876
- Drakford v. TurkSupreme Court of Alabama · 1883
- Nelson v. WebbSupreme Court of Alabama · 1875