Blair v. Miller
Supreme Court of Alabama
Apread from the Circuit Court of Dale. Note by the Reporter. — The transcript fails to show who was the presiding judge. This was a motion in the court below to quash the writ of attachment, for the reason that it was not made returnable on its face to any particular term of the court, but simply directed that the sheriff should return it to the circuit court of Dale county at Newton.
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Apread from the Circuit Court of Dale. Note by the Reporter. — The transcript fails to show who was the presiding judge. This was a motion in the court below to quash the writ of attachment, for the reason that it was not made returnable on its face to any particular term of the court, but simply directed that the sheriff should return it to the circuit court of Dale county at Newton. The following is a copy of the writ of attachment: “ The State of Alabama, Dale county. i To any lawful sheriff of said j county, greeting: Whereas, Thomas P. Blair hath complained on oath to me, M. R. Sims, an…
1Opinion of the Court
A. J. WALKER, C.- J.
No objection against an attachment can prevail “ if the essential matters are set forth.” Revised Code, § 2939. We do not regard the direction as to the term to which the attachment is returnable as essential. There is no law directing the term except in the form' of an attachment prescribed, but that form distinctly shows, that the next term is the return term. As the law prescribes the term, it was not indispensable to insert it in the attachment. We do not think the other objections made, reach essential matters. The defect in the direction would only become essential,…
2Cited by2 opinions
- Agee v. Mayer Bros.Supreme Court of Alabama · 1881
- Mohr v. Chaffe Bros.Supreme Court of Alabama · 1883