Brown v. Massey
Supreme Court of Alabama
AN original attachment was issued by a Magistrate in Perry county on the 5th of February, 1827, against the goods and chattels of Isaac Brown on the complaint, made on affidavit, of'Oliver Massey, “that1 the aforesaid Isaac-Brown is removing himself and property out of the ty of Perry privately, so that the ordinary process of law cannot be served on him.” The attachment was levied -on a negro.
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AN original attachment was issued by a Magistrate in Perry county on the 5th of February, 1827, against the goods and chattels of Isaac Brown on the complaint, made on affidavit, of'Oliver Massey, “that1 the aforesaid Isaac-Brown is removing himself and property out of the ty of Perry privately, so that the ordinary process of law cannot be served on him.” The attachment was levied -on a negro. At April term, 1S27, the defendant to quash the proceedings lor irregularity; the motion was overruled, and he then filed a plea in abatement, averring,. “that he was not at the time of the issuance of…
1Opinion of the Court
By JUDGE CRENSHAW*.
On consideration, we are satisfied that the act of 1814, is for the government of Justices issuing attachments returnable and triable before themselves, and that the proceedings in the present attachment were had under the act of 1807; the affidavit *232an(l condition of the bond are in pursuance of the requi-of the last mentioned act. We are therefore of opinion that the Court below did not err in refusing to quash the proceedings.
any time before the jury had retired with the case, it was competent for the Court in its discretion to permit the plaintiff to withdraw his…
2Cited by4 opinions
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Dorrough v. MacKensonSupreme Court of Alabama · 1934
- Cassady v. WilliamsSupreme Court of Alabama · 1937
- Wilson v. CallanAlabama Court of Appeals · 1913