Griffin v. Ganaway
Supreme Court of Alabama
Wiut of error to the County Court of Talladega. This was an action on the case, at the suit of the defendant in error, to recover damages of the plaintiff, for the failure to levy an attachment placed in his hands as sheriff, on the 27th of Octo-< ber, 1841, in favor of the former, against the estate of Shelton. Kennerly, on a sufficiency of property to satisfy the same.
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Wiut of error to the County Court of Talladega. This was an action on the case, at the suit of the defendant in error, to recover damages of the plaintiff, for the failure to levy an attachment placed in his hands as sheriff, on the 27th of Octo-< ber, 1841, in favor of the former, against the estate of Shelton. Kennerly, on a sufficiency of property to satisfy the same. The declaration, after reciting the proceedings had on the attachment, avers, that, on the 28th of January, 1842, a venditioni exponas was regularly issued on the judgment rendered in that case against Kennerly, in favor of…
1Opinion of the CourtCollier, C. J.
1. The declaration is not drawn with that technical precision which the plaintiff should always employ in stating his cause of action ; but since the act of 1824, “ to regu*151late pleadings at common law,” [Clay’s Digest, 334, § 119,] has removed all objections, which are merely formal, to the pleadings in a cause, by declaring that, “no demurrer shall have any other effect than that of a general demurrer,” we think the declaration was very correctly adjudged to be sufficient. It is not alleged that the attachment was ever levied; this can only be inferred, if at all, from the allegation that a…
2Cases cited4 opinions
- Jansen v. OstranderNew York Supreme Court · 1824
- Crane v. DygertNew York Supreme Court · 1830
- Bibbins v. NoxonNew York Supreme Court · 1830
- Pearsall v. PhelpsSupreme Court of Alabama · 1842