Alford v. Johnson
Supreme Court of Alabama
Error to Tuscaloosa Circuit court. Attachment, tried by P. Martin, J. The plaintiff in error, by his agent, N. B. Garner, on the eleventh December, eighteen hundred and thirty-seven, caused an attachment to be issued against the defendant, by a justice of the peace of Tuscaloosa, returnable into the Circuit court of that county.
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Error to Tuscaloosa Circuit court. Attachment, tried by P. Martin, J. The plaintiff in error, by his agent, N. B. Garner, on the eleventh December, eighteen hundred and thirty-seven, caused an attachment to be issued against the defendant, by a justice of the peace of Tuscaloosa, returnable into the Circuit court of that county. At the term of that court, holden in March, eighteen hundred and thirty-nine, the defendant* by his attorney, moved the court to quash the attachment, for the insufficiency of the affidavit, bond and writ of attachment — which motion was granted, and judgment rendered…
1Opinion of the CourtCollier, C. J.
The record does not discover the specific grounds of the motion in the Circuit court; but the defendant’s counsel, in his argument, has insisted that the judgment is legal—
1. Because the affidavit does not conform to the statute ;
2. Because the bond is hot well executed;
3. Because its condition is defective;
4. Because the writ of attachment is not properly directed; and
Lastly. Because there is a variance between the affidavit, bond and process.
1. It is objected to the affidavit, that the plaintiff does not swear that the defendant is indebted to him in a sum certain. This objection is not (in…
2Cited by8 opinions
- Cartwright v. ChabertTexas Supreme Court · 1848
- Messner v. HutchinsTexas Supreme Court · 1856
- McKellar v. CouchSupreme Court of Alabama · 1859
- Langdon v. RaifordSupreme Court of Alabama · 1852
- Herndon v. ForneySupreme Court of Alabama · 1842
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