Savage v. Atkins Co.
Supreme Court of Alabama
Appeal from Chilton Circuit Court. Tried before Hon. N. 1). Denson. V. B. Atkins sued out process of attachment against D. O. Savage. No facts need be stated, as the opinion clearly states the case.
1Opinion of the CourtSharpe, J.
— The affidavit upon which the attachment was issued was not void for Avant of subscription by the affiant. — Watts v. Womack, 44 Ala. 605. It Avas however irregular and insufficient in that respect because of the requirement of section 527 of the Code that the affidavit in such cases be subscribed by the party making it. Section 564 of the Code provides that “the plaintiff before or during the trial must be permitted to amend any defect of form or of substance in the affidavit bond or attachment; and no attachment must be dismissed for any defect in the affidavit if the plaintiff, his agent…
2Cases cited1 opinion
- Watts v. WomackSupreme Court of Alabama · 1870
3Cited by3 opinions
- Nelson v. HammondsSupreme Court of Alabama · 1911
- Webb & Stagg v. McPherson & Co.Supreme Court of Alabama · 1904
- Wright v. DuboseAlabama Court of Appeals · 1919