Hall v. Brazleton
Supreme Court of Alabama
Appeal from tbe Circuit Court of Perry. Tbe record does not show tbe name of tbe presiding judge. This action was brought by tbe appellants, suing as partners, against A. J. Brazleton, and was commenced by original attachment. Tbe attachment was sued out on tbe 1st December, 1865, and was made returnable to tbe next term of tbe circuit court.
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Appeal from tbe Circuit Court of Perry. Tbe record does not show tbe name of tbe presiding judge. This action was brought by tbe appellants, suing as partners, against A. J. Brazleton, and was commenced by original attachment. Tbe attachment was sued out on tbe 1st December, 1865, and was made returnable to tbe next term of tbe circuit court. At tbe May term, 1866, tbe defendant pleaded in abatement tbe insufficiency and defectiveness of the affidavit, because it failed to aver that the attachment was not sued out for tbe purpose of vexing or ' harassing tbe defendant; and at tbe November…
1Opinion of the CourtA. J. Walkeb, C. J.
This suit was commenced by original attachment, returnable to tbe spring term of the court. At tbe first term of tbe court, tbe defendant pleaded in abatement tbe defectiveness of tbe affidavit upon which *407the attachment was issued. At the nest term, a motion to quash was made and sustained, the plea in abatement remaining undecided.
Two of the grounds of reversal presented by the appellants’ counsel are — that the motion to quash was made too late ; and that, if the motion to quash was well taken in point of time, the judgment should not have been absolute, but should have been conditioned…
2Cases cited5 opinions
- Moody v. McClellandSupreme Court of Alabama · 1863
- Lowry v. StoweSupreme Court of Alabama · 1838
- Planters' & Merchants' Bank of Mobile v. AndrewsSupreme Court of Alabama · 1839
- Scott v. MacySupreme Court of Alabama · 1841
- Lowe v. DerrickSupreme Court of Alabama · 1839
3Cited by13 opinions
- Sims, Harrison & Co. v. Jacobson & Co.Supreme Court of Alabama · 1874
- Chapman v. Pittsburg & Steubenville R. R.West Virginia Supreme Court · 1885
- Watts v. WomackSupreme Court of Alabama · 1870
- Flexner v. DickersonSupreme Court of Alabama · 1880
- Hall & Curry v. BrazeltonSupreme Court of Alabama · 1871
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