Reynolds v. Culbreath
Supreme Court of Alabama
Writ of Error to the Circuit Court of Randolph. Before the Hon. G. W. Stone. Debt by the defendant in error, upon a bond payable to him, executed by the plaintiffs in error, upon suing out an original attachment. Upon the trial of the cause, the defendants offered evidence conducing to show, that about the time the attach-' ment was sued out, the plaintiff was about to dispose of his property fraudulently, with intent to avoid the payment of the debt sued for.
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Writ of Error to the Circuit Court of Randolph. Before the Hon. G. W. Stone. Debt by the defendant in error, upon a bond payable to him, executed by the plaintiffs in error, upon suing out an original attachment. Upon the trial of the cause, the defendants offered evidence conducing to show, that about the time the attach-' ment was sued out, the plaintiff was about to dispose of his property fraudulently, with intent to avoid the payment of the debt sued for. The court ruled that this, if true, was not a defence to the action, but only went in mitigation of the damages. To which the…
1Opinion of the CourtCollier, C. J.
The act of 1838, requires a party suing out an attachment to make an affidavit, that the defendant therein absconds or secretes himself; that he resides out of this State; that he is about to remove out of this State, so that the ordinary process of law cannot be served upon him; or that he is about to remove his property out of the State, and that thereby the plaintiff will probably lose the debt, or have to sue for it in another State. Clay’s Dig. 54, § 3. By the act of 1837, a plaintiff in a suit at law, may, under some circumstances, cause an attachment to be issued in aid of the action;…
2Cases cited2 opinions
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Alexander v. HutchisonSupreme Court of Alabama · 1846
3Cited by1 opinion
- Baxley v. SegrestSupreme Court of Alabama · 1887