Cobb v. Miller, Ripley & Co.
Supreme Court of Alabama
Writ of Error to the Circuit Court of Randolph. This was an action commenced by attachment, at the suit of the defendants in error, against the plaintiff — all of the parties being non-residents. The defendant below pleaded two pleas in abatement, in all respects similar to those pleaded in Cobb v. Force, Brothers & Co., 6 Ala. Rep. 468. To these the plaintiffs demurred, and their demurrer was sustained.
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Writ of Error to the Circuit Court of Randolph. This was an action commenced by attachment, at the suit of the defendants in error, against the plaintiff — all of the parties being non-residents. The defendant below pleaded two pleas in abatement, in all respects similar to those pleaded in Cobb v. Force, Brothers & Co., 6 Ala. Rep. 468. To these the plaintiffs demurred, and their demurrer was sustained. In the transcript, we find the following entry, viz :— “ On motion of defendant, and on sufficient reasons appearing to the court, notwithstanding the plaintiff’s objection, leave is given to…
1Opinion of the CourtCollier, C. J.
The case of Cobb v. Force, Brothers, & Co. supra, determines that the first plea is bad, because it unites two distinct matters in abatement; and maintains that the second plea is good, because it alledges a defect in the affidavit upon which the attachment issued. It is also held, that in an attachment by one non-resident against another, the affidavit should show that the defendant has not sufficient property within the State of his residence to answer the debt, within the belief as well as within the knowledge of the person making the affidavit. This view is conclusive to show that the…
2Cases cited4 opinions
- Morrison v. MorrisonSupreme Court of Alabama · 1831
- Bumpass v. WebbSupreme Court of Alabama · 1841
- Sally v. GoodenSupreme Court of Alabama · 1843
- Sturdevant v. GainsSupreme Court of Alabama · 1843
3Cited by12 opinions
- Dozier Lumber Co. v. Smith-Isburg Lumber Co.Supreme Court of Alabama · 1905
- Russell v. StateSupreme Court of Alabama · 1859
- Hawkins v. Armour Packing Co.Supreme Court of Alabama · 1894
- Garner v. JohnsonSupreme Court of Alabama · 1853
- Perkerson v. SnodgrassSupreme Court of Alabama · 1887
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