Eslava v. Rigeaud
Supreme Court of Alabama
This case comes here by appeal from the Circuit Court of Mobile. . IT appears from the record, that the plaintiff brought an action of covenant against the defendant, and another in the County Court of that county, for the recovery of a sum of money, which they had undertaken by deed to- pay him as rent for the occupancy of a house.
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This case comes here by appeal from the Circuit Court of Mobile. . IT appears from the record, that the plaintiff brought an action of covenant against the defendant, and another in the County Court of that county, for the recovery of a sum of money, which they had undertaken by deed to- pay him as rent for the occupancy of a house. Pending this suit, and as ancillary to it, the- plaintiff made- an affidavit, that the defendant, Rigeaud, was “about to remove out of the State of Alabama, so that the ordinary process of law cannot be served on him,” &c.; and having executed a bond in due form,…
1Opinion of the CourtCollier, C. J.
The eighth section of the act of December, 1837, enacts, that when a suit shall be commenced in any Circuit or County Court of this State, and the defendants, or any one or more of them, shall abscond or secrete him, her or themselves, or shall remove out of this State, or be about to remove out of this State, or shall be about to. remove his, her or their property, out of this State, or be about to dispose of his, her or their property, fraudulently, with intent to avoid the payment of the debt, or demand sued for, on oath thereof being made by the plaintiff, his agent, attorney, or factor,…
2Cases cited3 opinions
- Boyle v. Zacharie & TurnerSupreme Court of the United States · 1832
- People v. Superior CourtNew York Supreme Court · 1833
- Beale v. DoughertySupreme Court of Pennsylvania · 1811
3Cited by2 opinions
- Boraim & Co. v. Da CostaSupreme Court of Alabama · 1842
- Stewart v. PriceSupreme Court of Alabama · 1849