Penn v. Edwards
Supreme Court of Alabama
Appeal from the Circuit Court of Dekalb. Tried before Hon. W. J. Harralson. The appellant made affidavit before a justice of the peace, and sued out an attachment against the appellee on the 10th day of October, 1866, returnable to the circuit court. The defendant in this court moved to quash the attachment, but his motion was overruled. At the spring term, 1867, a judgment by default was rendered against the defendant. No complaint was filed in the cause.
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Appeal from the Circuit Court of Dekalb. Tried before Hon. W. J. Harralson. The appellant made affidavit before a justice of the peace, and sued out an attachment against the appellee on the 10th day of October, 1866, returnable to the circuit court. The defendant in this court moved to quash the attachment, but his motion was overruled. At the spring term, 1867, a judgment by default was rendered against the defendant. No complaint was filed in the cause. The defendant appealed, and assigned the following errors : 1st. In rendering judgment against the appellant. 2d. In not quashing the…
1Opinion of the CourtByrd, J.
I. The action of the court in overruling a motion to quash the attachment, is not reviewable on appeal.— Reynolds v. Bell, 3 Ala. 57; Masey v. Walker, 8 Ala. 167 ; 12 ib. 472; Gill v. Downs, 26 ib. 670. The act ap*656proved February 23d, 1866, (Pamphlet Acts, 94,) does not aid the appellant.
II. The Code requires the plaintiff in attachment to file a complaint, (§ 2998,) and it is error for the court to render judgment by default without a complaint. — Amason v. Nash, 19 Ala. 104.
Eeversed and remanded.
2Cases cited3 opinions
- Reynolds v. BellSupreme Court of Alabama · 1841
- Massey v. WalkerSupreme Court of Alabama · 1845
- Amason v. NashSupreme Court of Alabama · 1851
3Cited by2 opinions
- Haygood v. TaitSupreme Court of Alabama · 1899
- Choctawhatchie H'dwood L. Co. v. AdamsAlabama Court of Appeals · 1914