Napper v. Noland
Supreme Court of Alabama
Error to Benton Circuit court. Attachment. — The defendant in error sued out an original attachment, returnable to the Circuit court of Benton, against the estate of the plaintiff, upon affidavit, stating that he was “about to remove his goods and effects out of the State, so that the ordinary process of the law cannot be served upon him,” &c.
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Error to Benton Circuit court. Attachment. — The defendant in error sued out an original attachment, returnable to the Circuit court of Benton, against the estate of the plaintiff, upon affidavit, stating that he was “about to remove his goods and effects out of the State, so that the ordinary process of the law cannot be served upon him,” &c. The attachment being levied and returned, a judgment final, by default, was rendered-at the return term of the court, without any declaration having been previously filed. It is here assigned for error— 1. That the attachment was irregularly sued out;…
1Opinion of the CourtCollier, C. J.
1. Where • an attachment issues on the ground that a party is about to remove his “ goods and effects,” the statute requires the plaintiff, “his agent, attorney or factor, to make affidavit in writing, that the person against whom the attachment is prayed,” “’is about to remove his or her property out of the State, and that thereby the plaintiff will probably lose the-debt, or have to sue for it in another State” — (Aik. Dig. s. 3, p. • 37.) The. affidavit declares, that .as a consequence of the removal of the “goods and effects” of the defendant below, “ the of unary process of law cannot be…
2Cited by2 opinions
- Ware v. ToddSupreme Court of Alabama · 1840
- Rice v. ClementsSupreme Court of Alabama · 1876