Paulhaus & Paul v. Leber
Supreme Court of Alabama
Appeal from Circuit Court of Barbour. Tried-before Hon. J. MoCaleb Wiley. Appellants commenced this suit in their firm name merely, by attachment before a justice of the peace. The appellee moved to quash the attachment, because the affidavit failed to show in what capacity the person making the affidavit acted, or what connection or interest the affiant had in the case.
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Appeal from Circuit Court of Barbour. Tried-before Hon. J. MoCaleb Wiley. Appellants commenced this suit in their firm name merely, by attachment before a justice of the peace. The appellee moved to quash the attachment, because the affidavit failed to show in what capacity the person making the affidavit acted, or what connection or interest the affiant had in the case. The justice’s court permitted the affidavit to be amended so as to show that the affiant was the agent and attorney of the plaintiffs. After final judgment in the justice’s court, the appellee took the case by appeal to the…
1Opinion of the CourtBrickell, C. J.
The justice of the peace properly allowed the affidavit for the attachment to be amended, so as to show the affiant was the agent or the attorney of the plaintiff in the writ. If the affidavit was defective as originally made, the defect was rather of form than of substance. R. C. § 2990.
On appeal or certiorari from the judgment of a justice of the peace, to the circuit court, the statute expressly requires the cause to be tried “ according to equity and justice, without regard to any defect in the summons or other proceedings before the justice.” — R. C. § 2772. Defects in an affidavit for…
2Cases cited4 opinions
- Ortez v. Jewett & Co.Supreme Court of Alabama · 1853
- Clough v. JohnsonSupreme Court of Alabama · 1846
- Couch v. AtkinsonSupreme Court of Alabama · 1858
- Snow & Co. v. RaySupreme Court of Alabama · 1841