Jackson v. Stanley
Supreme Court of Alabama
Error to Henry Circuit Court. This action was commenced in the Court below, by the plaintiff in error, hy attachment, for the use of W. H. Wilder.
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Error to Henry Circuit Court. This action was commenced in the Court below, by the plaintiff in error, hy attachment, for the use of W. H. Wilder. The affidavit is made by one Davis, who declares himself to be the agent of Jackson, and concludes by averring that “Stanley resides out of the State, and has not sufficient property within the State of his residence, within the knowledge or belief of deponent, whereupon to satisfy said debt, and that.an attachment is not sued out,” &c. The bond is executed by Wilder as principal, with W. G. N. Davis, and Charles Mills, as his sureties. The names…
1Opinion of the CourtOrmond, J.
— The objections to this attachment are, that the affidavit is defective in not stating that the plaintiff is a' non-resident; and that the bond is void. Great strictness was formerly required in this State in the proceeding by attachment, and causes were frequently disposed of on mere technical objections, To remedy which, the Legislature declared that the attachment law should not be rigidly and strictly construed. Aik. Dig. 43. The effect of this law must be to place suits, commenced by attachment, on a footing with all other suits commenced in the ordinary mode; and considered in this…
2Cases cited1 opinion
- Alford v. JohnsonSupreme Court of Alabama · 1839
3Cited by6 opinions
- Tilton v. CofieldSupreme Court of the United States · 1876
- Messner v. HutchinsTexas Supreme Court · 1856
- Wright v. SmithTexas Supreme Court · 1857
- Conklin v. HarrisSupreme Court of Alabama · 1843
- Tingle & Isham v. BrisonWest Virginia Supreme Court · 1878
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