Massey v. Walker
Supreme Court of Alabama
Writ of Error to the Circuit Court of St. Clair. Walker on the 30th June 1842, sued out a writ in assumpsit against Massey, returnable to the then nextSeptember term. Bail having been required, the defendant Was arrested, and entered into the usual bail bond, with surety. Afterwards, on the 17th July of the same year, the plaintiff sued out an ancillary attachment, which is returned levied.
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Writ of Error to the Circuit Court of St. Clair. Walker on the 30th June 1842, sued out a writ in assumpsit against Massey, returnable to the then nextSeptember term. Bail having been required, the defendant Was arrested, and entered into the usual bail bond, with surety. Afterwards, on the 17th July of the same year, the plaintiff sued out an ancillary attachment, which is returned levied. At the return term, the defendant moved to quash the attachment, which motion was refused. He then pleaded in abatement of the attachment — 1. Because the bail writ before sued out had been executed on the…
1Opinion of the CourtGoldthwaite, J.
— All the questions made in this case, may be briefly disposed of.
1. As to the refusal to quash the attachment, that is not a matter which is proper to be examined on error. At best, this is a motion which the Court may entertain, but cannot be controlled to do so. [Reynolds v. Bell, 3 Ala. Rep. 57.]
2. Our statutes which authorize attachments as ancillary to causes already depending, make no distinction between suits commenced by bailable process, and suits commenced in the ordinary mode. In either class, we consider the attachment proper, if the statutory course for suing it out is shown.…
2Cases cited3 opinions
- Reynolds v. BellSupreme Court of Alabama · 1841
- Brinley v. AllenMassachusetts Supreme Judicial Court · 1801
- Le Baron v. JamesSupreme Court of Alabama · 1843
3Cited by5 opinions
- Grigg v. GilmerSupreme Court of Alabama · 1875
- Foster v. StateSupreme Court of Alabama · 1863
- Ex parte PutnamSupreme Court of Alabama · 1852
- Jones & Co. v. DonnellSupreme Court of Alabama · 1846
- Penn v. EdwardsSupreme Court of Alabama · 1868