Roberts v. Burke
Supreme Court of Alabama
Whit of error to the Circuit Court of Wilcox, In January, 1842, the defendant in error caused an attachment to be issued by a justice of the peace of Wilcox, for the sum of thirty-seven 90-100 dollars against the estate of the plaintiff’s, returnable to the circuit court. The declaration is for goods, wares and merchandize sold and delivered; work and labor done; money lent and advanced, &c.; money had and received; and an account stated.
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Whit of error to the Circuit Court of Wilcox, In January, 1842, the defendant in error caused an attachment to be issued by a justice of the peace of Wilcox, for the sum of thirty-seven 90-100 dollars against the estate of the plaintiff’s, returnable to the circuit court. The declaration is for goods, wares and merchandize sold and delivered; work and labor done; money lent and advanced, &c.; money had and received; and an account stated. For each of these causes, the declaration charges an indebtedness of thirty-seven 90-100 dollars. The defendant demurred to the attachment and declaration,…
1Opinion of the CourtCollier, C. J.
It is a settled principle in this court, that the defendant cannot, by a demurrer, object to the writ or initiatory process in a cause, whether the action be commenced by a capias or summons against the person, or an attachment against his estate. The demurrer, then, did not bring before the court the attachment in the present case, and the declaration being unquestionably good, it was properly overruled.
The statute of 1807 enacts, “If any suit shall be commenced in any court for a less sum than such court can legally take cog*349nizance of, or if any person shall demand a greater sum than is…
2Cited by8 opinions
- Brown v. CoatsSupreme Court of Alabama · 1876
- Melvin v. ScowleySupreme Court of Alabama · 1925
- Bates v. Bank of MoultonSupreme Court of Alabama · 1933
- Evans & Martin v. TuckerTexas Supreme Court · 1883
- Wright v. SnedecorSupreme Court of Alabama · 1871
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