Gill v. Downs
Supreme Court of Alabama
Appeal from the Circuit Court of Lawrence. Tried before the Hon. JOHN E. Moobé. This action (William W. Downs v. Samuel C. Gill) was commenced by original attachment, sued out against the defendant as a non-resident. - At the term of the court to which the attachment was returnable, the plaintiff declared in covenant, to recover damages for defendant’s breach of warranty of the soundness of a slave.
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Appeal from the Circuit Court of Lawrence. Tried before the Hon. JOHN E. Moobé. This action (William W. Downs v. Samuel C. Gill) was commenced by original attachment, sued out against the defendant as a non-resident. - At the term of the court to which the attachment was returnable, the plaintiff declared in covenant, to recover damages for defendant’s breach of warranty of the soundness of a slave. At the next term, the defendant moved to quash the attachment; but his motion was overruled; he then pleaded to the merits, and judgment was rendered .against him on issue joined. He now assigns…
1Opinion of the CourtChilton, C. J.
—The only error assigned is, that the court refused the motion to quash the attachment. Such refusal cannot be questioned on error : neither is a motion to quash the remedy in such cases.—Jordan v. Hazard, 10 Ala. 221-6. But, if it were, the defendant waived it, by failing to make it at the first term of the court, and. by afterwards appearing and pleading to the merits.—Burroughs v. Wright, 3 Ala. 43.
Judgment affirmed.
2Cases cited2 opinions
- Jordan v. HazardSupreme Court of Alabama · 1846
- Burroughs v. WrightSupreme Court of Alabama · 1841
3Cited by9 opinions
- Brown v. CoatsSupreme Court of Alabama · 1876
- Melvin v. ScowleySupreme Court of Alabama · 1925
- Bates v. Bank of MoultonSupreme Court of Alabama · 1933
- Nelson v. WebbSupreme Court of Alabama · 1875
- Beckert v. WhitlockSupreme Court of Alabama · 1887
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