Wilson v. Callan
Alabama Court of Appeals
Appeal from Gadsden City Court. Heard before Hon. John IT. Disque. Attachment suit by A. J. Callan against W. C. Wilson and others to enforce a lien for rent and advances. From a judgment for plaintiff, defendants appeal. The writ was levied on the 12th day of October, 1911, upon certain property, and notice given the same day. On the 17th day of October, 1911, a replevy bond was executed by defendant.
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Appeal from Gadsden City Court. Heard before Hon. John IT. Disque. Attachment suit by A. J. Callan against W. C. Wilson and others to enforce a lien for rent and advances. From a judgment for plaintiff, defendants appeal. The writ was levied on the 12th day of October, 1911, upon certain property, and notice given the same day. On the 17th day of October, 1911, a replevy bond was executed by defendant. Complaint was filed November 5, 1911, and on November 6, 1911, the defendants filed a motion to show cause why the attachment should not be dissolved, which was stricken on motion of the…
1Opinion of the Court
WALKER, P. J. —
Section 2966 of the Code omits the provision which was contained in the corresponding section of the Code of 1896 (Code of 1896, § 565) that “the defendant must not deny or put in issue the cause for which the attachment issued.” The substance of the omitted provision had formed a part of the statute law of the state since 1837. — Olay’s Digest, p. 61, § 32; Acts of Ala. 1837, p. 62, § 5. Prior to its enactment it had been decided that a question as to the existence of the ground upon which an attachment had been sued out was one properly raised by a plea in abatement, the…
2Cases cited5 opinions
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Peebles v. WeirSupreme Court of Alabama · 1877
- Hawkins v. Armour Packing Co.Supreme Court of Alabama · 1894
- Ellison v. MountsSupreme Court of Alabama · 1847
- Brown v. MasseySupreme Court of Alabama · 1830
3Cited by3 opinions
- Dorrough v. MacKensonSupreme Court of Alabama · 1934
- Cassady v. WilliamsSupreme Court of Alabama · 1937
- Chandler v. BurkSupreme Court of Alabama · 1924