Reynolds v. Bell
Supreme Court of Alabama
Writ of error to the Circuit Court of Dallas county. THIS action was commenced by attachment, sued out bv Sackfield Brewer, as the agent of the plaintiff.
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Writ of error to the Circuit Court of Dallas county. THIS action was commenced by attachment, sued out bv Sackfield Brewer, as the agent of the plaintiff. The affidavit made by the agent states, that the plaintiff is a citizen of this State; in other respects it is in strict conformity with the statute, except that at the close it omifs the word defendant— thus — and that an attachment is not sued out for the purpose of vexing or harrassing the said-. The bond is exeeuted by Brewer in his own name, and recites that the attachment was sued out at his suit “as the agent of Bell, and is…
1Opinion of the Court
GOLDTHWAITE, J
—1. The conclusion to which we have arrived, renders it uncessary to examine, in this case, into-the sufficiency of either the bond or affidavit.
A motion to quash or to set aside proceedings, in the nature of process, is always addressed to the discretion of the Court, and may be acted on or declined at pleasure, and we are not aware that it has ever been held error to refuse to entertain the motion. It is true, when the judgment of a Court has been had in this summary mode, we have uniformly held that its correctness might be examined on error. Planters and Merchants *59Bank v.…
2Cases cited1 opinion
- Planters' & Merchants' Bank of Mobile v. AndrewsSupreme Court of Alabama · 1839
3Cited by8 opinions
- McBryde's Heirs v. WilkinsonSupreme Court of Alabama · 1857
- Foster v. StateSupreme Court of Alabama · 1863
- Ex parte PutnamSupreme Court of Alabama · 1852
- Ellison v. MountsSupreme Court of Alabama · 1847
- Massey v. WalkerSupreme Court of Alabama · 1845
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