Herring v. Kelly & Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. J. M. Carmiohael. The appellees, John R. Kelly, M. W. Kelly and B. G-. Farmer, suing as partners composing the firm of Kelly & Co., commenced this action by attachment, on an account verified by affidavit, for $651.08, against the appellant, J. W. Herring. The writ of attachment, as originally issued by a justice of the peace, was directed “to the sheriff or any constable of the said county.”
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Appeal from the Circuit Court of Russell. Tried before the Hon. J. M. Carmiohael. The appellees, John R. Kelly, M. W. Kelly and B. G-. Farmer, suing as partners composing the firm of Kelly & Co., commenced this action by attachment, on an account verified by affidavit, for $651.08, against the appellant, J. W. Herring. The writ of attachment, as originally issued by a justice of the peace, was directed “to the sheriff or any constable of the said county.” The defendant pleaded in abatement that the writ of attachment should have been directed “to any sheriff of the State of Alabama,” instead…
1Opinion of the CourtWalker, J.
The defendant having interposed a plea in abatement upon the ground that the writ of attachment was directed “to the sheriff or any constable of the said county,” instead of in the mode the statute prescribes, which is, “To any sheriff of the State of Alabama” (Code, § 2941); the plaintiff was allowed to amend the writ so as to make the direction follow the form prescribed by the statute. The allowance of the amendment was proper, under the statute permitting the plaintiff, before or during the trial, “to amend any defect of form or of substance in the affidavit, bond, or attachment.” —…
2Cases cited1 opinion
- Peebles v. WeirSupreme Court of Alabama · 1877
3Cited by1 opinion
- Clifton v. American Ins.Tennessee Supreme Court · 1934