Van Dyke v. State
Supreme Court of Alabama
Error to the Circuit Court of Tuskaloosa. Tried before the Hon. Thomas A. Walker. Assumpsit by the State of Alabama against the plaintiff in error, Jefferson C. Van Dyke, late Comptroller of Public Accounts; the suit being commenced by attachment, in November, 1851. The defendant craved oyer of the attachment, bond and affidavit, and demurred to the declaration.
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Error to the Circuit Court of Tuskaloosa. Tried before the Hon. Thomas A. Walker. Assumpsit by the State of Alabama against the plaintiff in error, Jefferson C. Van Dyke, late Comptroller of Public Accounts; the suit being commenced by attachment, in November, 1851. The defendant craved oyer of the attachment, bond and affidavit, and demurred to the declaration. The demurrer was overruled, and he then pleaded the statute of limitations; and a demurrer to this plea being interposed and sustained, he pleaded non assumpsit. On the trial, the plaintiff read the statute abolishing taxation and…
1Opinion of the Court
GOLDTHWAITE. J.
the question as to the right of the State to commence a suit by attachment, we think, is not presented by the record before us. Under our decisions, it is well settled, that, upon a demurrer to the declaration, the defendant cannot raise the objection that he is not regularly before the court.—Findlay v. Pruit, 9 Port. 195; Palmer v. Lesne, 3 Ala. 141; Griffin v. The Bank of the State of Alabama, 6 ib. 908; Jordan v. Hazard, 10 ib. 221. In the case of Jordan v. Hazard, supra, the suit was commenced by attachment, and the defendant craved oyer of the original writ, and demurred,…
2Cases cited4 opinions
- Mayor of Mobile v. YuilleSupreme Court of Alabama · 1841
- Cox and Dick v. United StatesSupreme Court of the United States · 1832
- Findlay v. PruittSupreme Court of Alabama · 1839
- Sledge v. TubbSupreme Court of Alabama · 1847
3Cited by16 opinions
- Wolffe v. StateSupreme Court of Alabama · 1885
- Ex parte StateSupreme Court of Alabama · 1875
- Morrow v. WoodSupreme Court of Alabama · 1876
- City of Newburyport v. SpearMassachusetts Supreme Judicial Court · 1910
- Brown v. CoatsSupreme Court of Alabama · 1876
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