Smith v. Baker
Supreme Court of Alabama
Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. This action was brought by L>. H. Baker against A. W. Smith, and was commenced by attachment, sued out on the 14th Janury, 1886. The affidavit stated, as grounds for suing out the writ, “ that the said A. W. Smith is about fraudulently to dispose of his property, and has fraudulently disposed of a part of his property, and has money, property and effects, liable to satisfy his debts, which he…
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Appeal from the Circuit Court of Calhoun. Tried before the Hon. Leroy F. Box. This action was brought by L>. H. Baker against A. W. Smith, and was commenced by attachment, sued out on the 14th Janury, 1886. The affidavit stated, as grounds for suing out the writ, “ that the said A. W. Smith is about fraudulently to dispose of his property, and has fraudulently disposed of a part of his property, and has money, property and effects, liable to satisfy his debts, which he fraudulently withholds.” The defendant craved oyer of the affidavit, and pleaded in abatement of the attachment, on the…
1Opinion of the CourtClopton, J.
In Johnson v. Hale, 3 Stew. & Por. 331, it was held, that an affidavit for an attachment is fatally defective, when it states disjunctively two or more grounds. In none of the subsequent cases, has there been any departure from this ruling.— Watson v. Auerbach, 57 Ala. 353; Cannon v. Logan, 5 Por. 77. In the case last cited, Collier, J., says: “The affidavit and writ should disclose but one of the grounds on which the remedy is authorized, or it can not be sustained.” The expression is broad enough to include any affidavit containing more than one ground, whether stated disjunctively or…
2Cases cited6 opinions
- Keith v. StetterSupreme Court of Kansas · 1881
- C. M. Pearre & Co. v. HawkinsTexas Supreme Court · 1884
- Lockhart v. WoodsSupreme Court of Alabama · 1863
- Nelson v. Adolph MunchSupreme Court of Minnesota · 1876
- Kennon & Klink v. Evans, Gardner & Co.Supreme Court of Georgia · 1867
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- DeJarnette v. DreyfusSupreme Court of Alabama · 1909
- Salmon v. MillsCourt of Appeals for the Eighth Circuit · 1895
- Campbell v. HopkinsSupreme Court of Alabama · 1888