Miller v. McMillan
Supreme Court of Alabama
Writ of Error to the Circuit Court of Sumter. This was an action commenced b.y attachment, at the suit of the defendants in error, against the plaintiffs, as non-resident debtors.
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Writ of Error to the Circuit Court of Sumter. This was an action commenced b.y attachment, at the suit of the defendants in error, against the plaintiffs, as non-resident debtors. The affidavit declares, “thatCharles G. Miller, William J. Wright and Thomas R. Crews, will, on the first day of March next, be justly indebted to him, the said McMillan, fp the amount of eight hundred and fifty dollars,” &c., and is dated on the 12th February, 1841. The writ of attachment pursues the affidavit, and is indorsed as follows: “ I do hereby authorize R. Thorn, as my special deputy to execute the within…
1Opinion of the CourtCollier, C. J.
1. The objection taken to the affidavit and attachment, even conceding that it is now regularly made, cannot be sustained. In effect they charge that the defendants are indebted to the plaintiffs in a sum of money to be paid in futuro. This is permitted by the seventh section of the act of *530■ 1833-, which expressly authorizes the issuance of an attachment, “'although the debt or demand of the plaintiff be not due.’’ [Aik. Dig. 39.] In this respect the casé is unlike Benson v. Campbell, [6 Porter’s Rep. 455 ;] there the defendant was not indebted at the 'time the process issued, and whether…
2Cited by5 opinions
- Hodge v. JoySupreme Court of Alabama · 1921
- Randolph v. CarltonSupreme Court of Alabama · 1845
- Jamesville & Washington Railroad v. FisherSupreme Court of North Carolina · 1891
- Perrine v. CarlisleSupreme Court of Alabama · 1851
- Fleming, Linn & Co. v. BurgeSupreme Court of Alabama · 1844