Hudson v. Daily
Supreme Court of Alabama
Writ of Error to the County Court of Marengo. Daily, sued Hudson in debt, and an ancillary attachment was issued, and returned. The defendant filed two pleas in abatement of the ancillary attachment — one that the plaintiff was a resident citizen of Yirginia, the other, that no suit was commenced before the issuance of the attachment. To those pleas in abatement, there was a demurrer, which was sustained.
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Writ of Error to the County Court of Marengo. Daily, sued Hudson in debt, and an ancillary attachment was issued, and returned. The defendant filed two pleas in abatement of the ancillary attachment — one that the plaintiff was a resident citizen of Yirginia, the other, that no suit was commenced before the issuance of the attachment. To those pleas in abatement, there was a demurrer, which was sustained. The defendant then pleaded to the declaration, ne .unques executor; a verdict and judgment was rendered for the ¿plaintiff below. On the trial, a bill of exceptions was taken, -which…
1Opinion of the CourtDargan, J.
The action of the court below, on the ancillary attachment, cannot be reviewed in this court by writ of error. The capias is the process, on which the judgment is rendered. The ancillary attachment is intended to secure the property, or fund, out of which this judgment is to be satisfied; and although the court may err in its action on the ancillary attachment, yet there may be no error in the judgment. The writ of error is intended to review the judgment, and is brought for the purpose of reversing it; and if the court below should improperly quash an attachment, issued as ancillary to the…
2Cited by4 opinions
- Ward v. StateSupreme Court of Alabama · 1856
- Ex parte South & North Ala. RailroadSupreme Court of Alabama · 1880
- Hollingsworth v. HammondSupreme Court of Alabama · 1857
- Geron v. FelderSupreme Court of Alabama · 1849