Jones v. Pope
Supreme Court of Alabama
Error to the Circuit Court of Macon. Attachment by the defendant in error against Jones; Wafer being summoned as garnishee. The defendant in attachment failing to appear, a judgment by default was rendered against him. The garnishee appeared and answered, denying being indebted to the defendant in attachment. An issue was made up under the statute, and the jury found that he was indebted to the defendant in attachment.
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Error to the Circuit Court of Macon. Attachment by the defendant in error against Jones; Wafer being summoned as garnishee. The defendant in attachment failing to appear, a judgment by default was rendered against him. The garnishee appeared and answered, denying being indebted to the defendant in attachment. An issue was made up under the statute, and the jury found that he was indebted to the defendant in attachment. Upon the trial of the issue, the plaintiff, among other testimony, produced and read to the jury, the writ, declaration and other papers in the attachment cause, but produced…
1Opinion of the CourtOrmond, J.
It is objected, that the attachment in this case was sued out without an affidavit or bond, as required by the statute, but we think this objection cannot be taken on error. The statute declares, “that every attachment issued without bond and affidavit, taken and returned as aforesaid, shall be abated on the plea of the defendant.” [Clay’s Dig. 55, § 3.] The design of the statute is clear. The attachment is merely process levied on the defendant’s goods, instead of personal service. It is the substitute for the capias ad respondendum, and like that, if issued improperly, must be abated by…
2Cited by12 opinions
- Dow v. WhitmanSupreme Court of Alabama · 1860
- Ex parte MorganSupreme Court of Alabama · 1857
- Garrett v. Mills.Supreme Court of Alabama · 1907
- Mann Lumber Co. v. Bailey Iron WorksSupreme Court of Alabama · 1908
- Wright v. SmithTexas Supreme Court · 1857
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