Hyde v. Adams
Supreme Court of Alabama
Appeal from Fayette Circuit Court. Tried before Hon. S. H. Spkott. This action was brought by John J. Adams & Co., a mercantile partnership of New Orleans, La., against James H.. Hyde ; and was commenced by original attachment issued upon affidavit made on 26th January, 1885, before the clerk of the Circuit Court of said county of Fayette.
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Appeal from Fayette Circuit Court. Tried before Hon. S. H. Spkott. This action was brought by John J. Adams & Co., a mercantile partnership of New Orleans, La., against James H.. Hyde ; and was commenced by original attachment issued upon affidavit made on 26th January, 1885, before the clerk of the Circuit Court of said county of Fayette. At the ensuing Spring term of said court, which was the return term of the attachment; the defendant moved to dismiss the attachment proceedings because the affidavit supporting the same showed on its face that the plaintiffs wore non-residents of Alabama,…
1Opinion of the CourtClopton, J.
-It does not appear from the record, that an objection or exception was taken to the decision of the Circuit Court, overruling the motion to dismiss for the alleged failure of the plaintiffs to give security for costs. In Tusca-_ loosa Wharf Co. v. Mayor and Ald. of Tuscaloosa, 38 Ala. 514, where the question was fully considered, it was held, that the ruling on such motion must be the subject of objection or exception, in order that it may be revisable, and that an exception is not uecessai’ily dispensed with by the appearance of the objectionable ruling upon the record. On <he authority of…
2Cases cited5 opinions
- Alexander v. AlexanderSupreme Court of Alabama · 1882
- Dothard v. SheidSupreme Court of Alabama · 1881
- Tuskaloosa Wharf Co. v. Mayor of TuskaloosaSupreme Court of Alabama · 1863
- Pearson v. GayleSupreme Court of Alabama · 1847
- McCartney v. Branch Bank at HuntsvilleSupreme Court of Alabama · 1842
3Cited by8 opinions
- Sellers v. StateSupreme Court of Alabama · 1909
- Cook Borden & Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1936
- Wise v. YunkerMichigan Supreme Court · 1923
- Jones v. City of AnnistonSupreme Court of Alabama · 1902
- Ankor Energy, LLC v. KellySupreme Court of Alabama · 2018
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