Hounshell v. Phares
Supreme Court of Alabama
Writ of error to the Circuit Court of Cherokee County. THE facts of the case sufficiently appear in the opinion of the court.
1Opinion of the CourtOrmond, J.
— This suit was originally commenced in the court below, by the plaintiff in error, by petition and summons. An attachment was afterwards sued out by the plaintiff, on the ground that the defendant was “about to remove out of the State.” The attachment was quashed on motion of the defendant on the ground as is stated in the motion “ of errors on its face.”
On examination of the affidavit, bond and attachment it appears to be regular, but it is stated by counsel, that the attachment was quashed, because there was no reference in it to the existing suit.
The authority to issue an attachment after…
2Cited by2 opinions
- Dickson v. BachelderSupreme Court of Alabama · 1852
- Van Gieson's v. BantaNew Jersey Court of Chancery · 1885