Hemingway v. Moore
Supreme Court of Alabama
Writ of Error to the Circuit Court of Lowndes. The action was commenced by attachment, by the plaintiff in error, who made affidavit that he was a resident of the State of Mississippi, and that Andrew Hutchinson, deceased, of South Carolina, was in his lifetime indebted to him in the sum of $1,653 15, that John S. Moore and Ephraim A. Crenshaw are his administrators, and reside in South Carolina, and have not sufficient property of the estate of their in-testate in the State…
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Writ of Error to the Circuit Court of Lowndes. The action was commenced by attachment, by the plaintiff in error, who made affidavit that he was a resident of the State of Mississippi, and that Andrew Hutchinson, deceased, of South Carolina, was in his lifetime indebted to him in the sum of $1,653 15, that John S. Moore and Ephraim A. Crenshaw are his administrators, and reside in South Carolina, and have not sufficient property of the estate of their in-testate in the State of South Carolina, to satisfy the debt or demand, &c. Bond was given, and an attachment issued, returnable to the…
1Opinion of the CourtOrmond, J.
The question presented on this record whether a non-resident of this State, can levy an attachment on the property of a deceased non-resident, found within this State, was determined by this court in Loomis v. Allen, 7 Ala. R. 708, where it was held that the-remedy by attachment, in that particular case, was given only to resident creditors.
Such is still our opinion. The statute authorizing attach*646ments to issue in such a case, (Clay’s Dig. 58, § 14,) passed in 1807, and it is evident from the phraseology employed in the act, was intended only to apply to those cases, where a debtor residing…
2Cited by3 opinions
- Taliaferro v. LaneSupreme Court of Alabama · 1853
- Jordan v. LandramDistrict of Columbia Court of Appeals · 1910
- Branch Bank at Mobile v. McDonaldSupreme Court of Alabama · 1853