Grady v. Hall
Supreme Court of Alabama
Appeal from the Circuit court of Etowah. Tried before the Hon. W. L. Whitlock. This suit was begun by James Hall, at the fall term, 1876, of the Circuit Court of Etowah county, to recover damages for the breach of an attachment bond made by Mary Grady, Elizabeth Grady, J. C. Abney and A. J. Blair.
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Appeal from the Circuit court of Etowah. Tried before the Hon. W. L. Whitlock. This suit was begun by James Hall, at the fall term, 1876, of the Circuit Court of Etowah county, to recover damages for the breach of an attachment bond made by Mary Grady, Elizabeth Grady, J. C. Abney and A. J. Blair. The defendants then pleaded, “ in short, by consent, first, nonassumpsit; second, covenants performed; third, that the said attachment was not sued out wrongfully, or vexatiously, or maliciously, or without probable cause.” On the trial, the defendants offered in evidence the following instrument:…
1Opinion of the Court
STONE, J.—
The instrument brought to view in the bill of exceptions, given by appellees to appellant, and bearing date December 28, 1874, conforms to the requirements of section 3286 of the Code of 1876; and being recorded in the county within sixty days after its execution, is a “ lion on the crop, and on stock bought with the money, or advanced.” And the person thus advancing is armed with the right to sue out attachment to enforce this lien, co-oxtensive with the right of landlords to sue out such process for the collection of rent.—Code of 1876, §§ 3288, 3472; Watson v. Auerbach, 57 Ala.…
2Cases cited3 opinions
- Gafford v. StearnsSupreme Court of Alabama · 1874
- Watson v. AuerbachSupreme Court of Alabama · 1876
- McKinney v. BenaghSupreme Court of Alabama · 1872