Brown v. Turner
Supreme Court of Alabama
Writ of Error to the Circuit Court of Washington. Assumpsit in the county court of Washington, by the defendant in error, as indorsee, against the plaintiff in error as drawer of a bill of exchange for $ 1,000, on the 6th February, 1844, upon Austin, Marshall & Co., Mobile, payable nine months after sight, to David A. Love.
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Writ of Error to the Circuit Court of Washington. Assumpsit in the county court of Washington, by the defendant in error, as indorsee, against the plaintiff in error as drawer of a bill of exchange for $ 1,000, on the 6th February, 1844, upon Austin, Marshall & Co., Mobile, payable nine months after sight, to David A. Love. The declaration alledges the drawing of the bill, according to its tenor, its indorsement to the plaintiff, its acceptance by the drawees on the 9th February, 1844, its presentation to the agent of the acceptors for payment, they having dissolved their partnership, and…
1Opinion of the CourtOrmond, J.
The plea that the process was not served was clearly bad. The court must of necessity give credence to the acts of its own officers, otherwise it would be impeded at every step by the trial of collateral issues. If any injury is thereby caused to the party, he must seek redress in an-' other mode. [Crafts v. Dexter, 8 Ala. 769.]
The suing out of an ancillary attachment, whilst a cause is in progress, has no effect whatever on the suit then in progress, further than to provide the means of satisfying the judgment, if one is obtained.
*754It is objected that days of grace are not allowed upon such a…
2Cited by9 opinions
- Dunklin v. WilsonSupreme Court of Alabama · 1879
- Prudential Casualty Co. v. KerrSupreme Court of Alabama · 1918
- Ingram v. Alabama Power Co.Supreme Court of Alabama · 1917
- Donegan & Tabor v. WoodSupreme Court of Alabama · 1873
- Stewart v. Capital Fertilizer Co.Supreme Court of Alabama · 1922
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