Boraim & Co. v. Da Costa
Supreme Court of Alabama
The plaintiffs, by their counsel, have presented to this-Court a record of the County Court of Mobile, showing that on the 29th April, 1840, they brought an action of assumpsit against the defendant, in that Court, on several promissory notes, amounting in the aggregate to the sum of eighteen hundred dollars, or thereabouts, exclusive of interest and exchange. • On the 21st May, 1840, the plaintiffs caused an attachment to be issued pursuant to the statute, as ancillary to…
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The plaintiffs, by their counsel, have presented to this-Court a record of the County Court of Mobile, showing that on the 29th April, 1840, they brought an action of assumpsit against the defendant, in that Court, on several promissory notes, amounting in the aggregate to the sum of eighteen hundred dollars, or thereabouts, exclusive of interest and exchange. • On the 21st May, 1840, the plaintiffs caused an attachment to be issued pursuant to the statute, as ancillary to the aetion, which attachment was levied on the same day otunerchandize and a replevy bond executed therefor. At the…
1Opinion of the CourtCollier, C. J.
In Eslava v. Rigeaud, [3 Ala. Rep. 363,] .we determined that where an attachment assistant to an action brought in the usual manner, was improperly dismissed, the judgment of the Court could not be corrected by writ of error ;'that the attachment was merely an accessary to the suit, and if the principal judgment was unobjectional the Court would not look into the order of dismissal, inasmuch as an *394error there would not authorize the cause to be remanded. But it was intimated that in default of another appropriate remedy a mandamus might be awarded. Such is still our opinion.
We have looked…
2Cases cited1 opinion
- Eslava v. RigeaudSupreme Court of Alabama · 1842
3Cited by4 opinions
- Ex parte South & North Ala. RailroadSupreme Court of Alabama · 1880
- The People v. JurekIllinois Supreme Court · 1934
- Cuthbert v. LewisSupreme Court of Alabama · 1844
- Long v. Winona Coal Co.Supreme Court of Alabama · 1921