Tommey, Gregg & Beck v. Gamble & Son
Supreme Court of Alabama
'Appeal from the Circuit Court of Chambers. Tried before the Hon. James E. Cobb. This action was brought by the appellants, a mercantile partnership, suing as partners and individually, against the partners composing the firm of Gamble & Son, and was commenced by an original attachment, sued out before the clerk of said court, on the 19th December, 1878. The affidavit for the attachment stated, “that said G. M. Gamble & Son, a partnership doing business in said, name, and…
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'Appeal from the Circuit Court of Chambers. Tried before the Hon. James E. Cobb. This action was brought by the appellants, a mercantile partnership, suing as partners and individually, against the partners composing the firm of Gamble & Son, and was commenced by an original attachment, sued out before the clerk of said court, on the 19th December, 1878. The affidavit for the attachment stated, “that said G. M. Gamble & Son, a partnership doing business in said, name, and composed of G. M. Gamble and W. A. Gamble, are or will be justly indebted to said Tommey, Gregg & Beck in the sum oí…
1Opinion of the CourtSomeeyille, J.
Whatever may have been the rule of the common law, the practice has loDg been settled in this State, that where defects in a writ are presented by plea in abatement, the defendant must crave oyer of such writ, and set it out in his plea. And defects in the attachment, bond or affidavit may, under the provisions of the statute, be reached in the same way. — Code of 1876, § 3314; Banks v. Lewis, 4 Ala. 599. Where this practice is not followed, the plea in abatement is bad, and subject to demurrer on that ground.—Findlay v. Pruitt, 9 Port. 195; Garner v. Johnson, 22 Ala. 494. The Circuit Court…
2Cases cited4 opinions
- Sims, Harrison & Co. v. Jacobson & Co.Supreme Court of Alabama · 1874
- Findlay v. PruittSupreme Court of Alabama · 1839
- Garner v. JohnsonSupreme Court of Alabama · 1853
- Banks v. LewisSupreme Court of Alabama · 1843
3Cited by2 opinions
- Richards v. BestorSupreme Court of Alabama · 1890
- Tanner & Delaney Engine Co. v. Hall & MobleySupreme Court of Florida · 1886