Planters' & Merchants' Bank of Mobile v. Andrews
Supreme Court of Alabama
Error to the County court of Mobile. Attachment. The plaintiff in error caused an attachment to be issued against the defendant, returnable to the County court of Mobile, upon the affidavit of their cashier and agent, which declared “ that Solomon Andrews, of the city of Mobile, was indebted to the said Planters’ and Merchants’ Bank of Mobile, in the sum of two hundred and seventy thousand and eighty-five dollars, and twenty-one cents, on bills of exchange, which had not…
Read the full summary
Error to the County court of Mobile. Attachment. The plaintiff in error caused an attachment to be issued against the defendant, returnable to the County court of Mobile, upon the affidavit of their cashier and agent, which declared “ that Solomon Andrews, of the city of Mobile, was indebted to the said Planters’ and Merchants’ Bank of Mobile, in the sum of two hundred and seventy thousand and eighty-five dollars, and twenty-one cents, on bills of exchange, which had not arrived at maturity, and which were not yet due, but which would fall duo from the then present time, at various periods,…
1Opinion of the CourtCollier, C. J.
— It has long been the most general practice in this State, to move to quash attachments in the manner in which the motion was submitted in the case at bar: — A practice suggested ex majore cautela, and originating doubtless, from^an apprehension that an appearance as counsel, operates a waiver of all defects apparent upon the face of the proceedings — an idea, certainly without any foundation, either in law or reason.— And motions thus submitted have been entertained by our courts, under the impression that it was competent for them, mero molu, to repudiate a case commenced by attachment…
2Cases cited2 opinions
- United States v. State Bank of NCSupreme Court of the United States · 1832
- Lowry v. StoweSupreme Court of Alabama · 1838
3Cited by9 opinions
- Pierse v. MilesMontana Supreme Court · 1885
- Hall v. BrazletonSupreme Court of Alabama · 1867
- Payne v. Mayor of MobileSupreme Court of Alabama · 1842
- Reynolds v. BellSupreme Court of Alabama · 1841
- City of Selma v. MullenSupreme Court of Alabama · 1871
4 more not listed; retrieve them via the Exa API.