Clough v. Johnson
Supreme Court of Alabama
Error to the Circuit Court of Macon. This action was commenced in a justice’s court, by Johnson, upon attachment process against Mary Clough. After judgment there, she appealed to the Circuit Court, where she appeared at the first term after the appeal, to plead in abatement a defect in the affidavit for attachment. The court rejected the plea, and this is now assigned as error. cited McRory v. Smith, 1 Ala. Rep.
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Error to the Circuit Court of Macon. This action was commenced in a justice’s court, by Johnson, upon attachment process against Mary Clough. After judgment there, she appealed to the Circuit Court, where she appeared at the first term after the appeal, to plead in abatement a defect in the affidavit for attachment. The court rejected the plea, and this is now assigned as error. cited McRory v. Smith, 1 Ala. Rep. N. S. 157. insisted that no plea except to the merits was proper, after the appeal. [Clay’s Dig. 315, § 12.]
1Opinion of the CourtGoldthwaite, J.
The statute is very express that appeal causes from justice’s courts, shall be tried by the appellate court, acccording to the justice and equity of the case, without regarding any defect in the warrant,' capias, *426summons, or other proceedings of the justice. [Clay’s Dig. 315, § 13.]
The affidavit required when the process is by attachment, is ordinarily drawn by the justice, and in our judgment, a defect in it is cured by the appeal.
It is true, pleas of this nature have been permitted to the right to sue a defendant, who for some particular cause is exempt from the jurisdiction; [Reed v.…
2Cases cited1 opinion
- Read v. CokerSupreme Court of Alabama · 1827
3Cited by7 opinions
- Glaze v. BlakeSupreme Court of Alabama · 1876
- Staggers v. WashingtonSupreme Court of Alabama · 1876
- Gould v. MeyerSupreme Court of Alabama · 1860
- Thompson v. CloptonSupreme Court of Alabama · 1858
- Knowles v. SteedSupreme Court of Alabama · 1885
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