Drakford v. Turk
Supreme Court of Alabama
Appeal from Macon Circuit Court. Tried before Hon. James E. Cobb. This was an attachment commenced by A. H. Drakford and Campbell & "Wright against Lorenzo Turk, to enforce an alleged landlord’s lien on crops grown on rented lands for the rent. On motion of the defendant, the court granted a rule upon the plaintiffs to show cause against the dissolution of the writ and levy.
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Appeal from Macon Circuit Court. Tried before Hon. James E. Cobb. This was an attachment commenced by A. H. Drakford and Campbell & "Wright against Lorenzo Turk, to enforce an alleged landlord’s lien on crops grown on rented lands for the rent. On motion of the defendant, the court granted a rule upon the plaintiffs to show cause against the dissolution of the writ and levy. The ground of the motion was, in substance, that the relation of landlord and tenant, resulting from contract, did not exist between the plaintiffs and defendant; and that, therefore, they had no lien on the crops levied…
1Opinion of the CourtBrickell, C. J.
When an attachment is sued out for a cause of action upon which the statutes do not authorize its issue, the irregularity can not be reached by a plea in abatement, or by a motion to quash it. Such plea, or .motion is appropriate only to reach defects or irregularities apparent on the-face of the affidavit, bond, or writ, and do not involve an inquiry into the nature or character of the cause of action. The appropriate method of reaching the objection, that the writ will not lie for the enforcement of the particular cause of action, is a rule upon the plaintiff to show cause against the…
2Cases cited6 opinions
- Comer v. SheehanSupreme Court of Alabama · 1883
- Tucker v. AdamsSupreme Court of Alabama · 1875
- Brown v. CoatsSupreme Court of Alabama · 1876
- Rich v. ThorntonSupreme Court of Alabama · 1881
- Jordan v. HazardSupreme Court of Alabama · 1846
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Cooper v. OwenSupreme Court of Alabama · 1935
- Melvin v. ScowleySupreme Court of Alabama · 1925
- Bates v. Bank of MoultonSupreme Court of Alabama · 1933
- Dorrough v. MacKensonSupreme Court of Alabama · 1934
- Bank of Moundville v. WalshSupreme Court of Alabama · 1927
9 more not listed; retrieve them via the Exa API.