Pearson v. Gayle
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. Assumpsit by 'the defendant, against the plaintiff in error. After the return of the writ, the plaintiff, by his agent, made oath, that the defendant was about to remove his property out of the State, and prayed an ancillary attachment, which issued and was levied on some slaves.
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Writ of Error to the Circuit Court of Talladega. Assumpsit by 'the defendant, against the plaintiff in error. After the return of the writ, the plaintiff, by his agent, made oath, that the defendant was about to remove his property out of the State, and prayed an ancillary attachment, which issued and was levied on some slaves. The defendant moved the court to quash the attachment, and set aside the levy for errors apparent on the attachment, and because no bond had been given. The court made an order quashing the attachment., and setting aside the levy, unless within ninety days from that…
1Opinion of the CourtOrmond, J.
It is contended, that the law authorizing' the banks to sue out attachments, returnable into the counties in which they are located, (Clay’s Dig. 64,) does not authorize them to sue out an attachment returnable to the county of the defendant’s residence, when the suit is there commenced. We consider this construction of the law wholly untenable. The right of the bank to sue in the county of its location, is a privilege conferred on the bank, but by no rule of construction can this deprive the bank of its right to sue the defendant in the county of his residence, either by attachment, or in…
2Cases cited1 opinion
- King v. BaldwinCourt for the Trial of Impeachments and Correction of Errors · 1819
3Cited by4 opinions
- Stallworth v. PreslarSupreme Court of Alabama · 1859
- Dothard v. SheidSupreme Court of Alabama · 1881
- Ex parte MorganSupreme Court of Alabama · 1857
- Hyde v. AdamsSupreme Court of Alabama · 1885