Perine v. Babcock
Supreme Court of Alabama
Error to the Circuit court of Dallas. Issue to try the right of property, tried before Cren-shaw, J. Verdict and judgment for the claimant. In this case, the bill of exceptions stated, that on the trial of the cause, the plaintiffs in execution, produced and proved the issuance of an attachment by them, on the thirtieth March, .eighteen hundred and thirty-two, against the estate of Stephen Miller, an absconding debt- or, which was levied on the property in question.
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Error to the Circuit court of Dallas. Issue to try the right of property, tried before Cren-shaw, J. Verdict and judgment for the claimant. In this case, the bill of exceptions stated, that on the trial of the cause, the plaintiffs in execution, produced and proved the issuance of an attachment by them, on the thirtieth March, .eighteen hundred and thirty-two, against the estate of Stephen Miller, an absconding debt- or, which was levied on the property in question. On the attachment, plaintiffs recovered judgment. They also proved by several witnesses, that the property was in Miller’s…
1Per curiam
— It is evident that the rejection of the execution cannot be maintained on the reason assigned by the Circuit court in the bill of exceptions. If the lien of the attachment was destroyed by the execution of the replevy bond, it could in no manner affect the validity of the execution issued subsequently on the judgment, and authorise its exclusion from the jury. It must be that “execution” is inserted in the bill of exceptions, by mistake or inadvertance, in lieu of “ attachment.” We notice this, not because we possess the power to correct or reform the bill of exceptions, but that injustice…
2Cases cited1 opinion
- Boyington v. StateSupreme Court of Alabama · 1835