Scott v. Macy
Supreme Court of Alabama
Error to the County Court of Sumter county. THIS action was commenced in the Court below, by the plaintiff in error, against the defendants, by writ of capias ad respondendum. As auxilliary to this process, the plaintiff on affidavit, obtained also a writ of attachment. The bond executed by him for the attachment, does not disclose the term to which the writ of attachment is returnable, and the attachment is made returnable to the first1 instead of the second Monday in July.
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Error to the County Court of Sumter county. THIS action was commenced in the Court below, by the plaintiff in error, against the defendants, by writ of capias ad respondendum. As auxilliary to this process, the plaintiff on affidavit, obtained also a writ of attachment. The bond executed by him for the attachment, does not disclose the term to which the writ of attachment is returnable, and the attachment is made returnable to the first1 instead of the second Monday in July. The plaintiff moved to amend his bond and attachment, which the Court refused, but on motion of the defendants, quashed…
1Opinion of the CourtOrmond, J.
This attachment was issued, as auxilliary to a writ, which had been sued out for the recovery of the same debt, and which the law under which it issued, required “ should be filed with the papers in the original cause, and constitute a part thereof.” In such a case, the writ of attachment is not the leading process in the suit, the parties being in Court by the writ which had previously issued. No possible injury could result from the mistake of the time when the Court was held, in which the suit was pending. However, therefore, the law might be, if the suit had been commenced by original…
2Cited by6 opinions
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- Cartwright v. ChabertTexas Supreme Court · 1848
- Pierse v. MilesMontana Supreme Court · 1885
- Hall v. BrazletonSupreme Court of Alabama · 1867
- Fleming, Linn & Co. v. BurgeSupreme Court of Alabama · 1844
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