Ex Parte Tucker

The appellee, Quick, sued out a writ of attachment against the appellant petitioner for $200, returnable to the circuit court. The writ was levied on petitioner's property by a specially deputized constable, and petitioner, who was and is a nonresident of Alabama, executed a replevy bond, whereupon the property was delivered to him.

Petitioner then appeared specially in the circuit court, and presented a motion to discharge the levy and also to dissolve the attachment, on the ground that the levy was void as having been made by a special constable. The court granted the motion to discharge the…