McKissack v. Witz, Biedler Co.
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. J. M. Carmichael. The appeal in this case is prosecuted by S. J. McKissack and B. L. McKissack from a judgment rendered against them in favor of the appellee. The facts necessary to an understanding of the decision on this appeal are sufficiently stated in the opinion.
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Appeal from the Circuit Court of Henry. Tried before the Hon. J. M. Carmichael. The appeal in this case is prosecuted by S. J. McKissack and B. L. McKissack from a judgment rendered against them in favor of the appellee. The facts necessary to an understanding of the decision on this appeal are sufficiently stated in the opinion. The appellants jointly assigned as error the several rulings of the trial court upon the pleadings ; but there is contained in the transcript no formal judgment entry of the trial court. R. L. McKissack separately assigned as error the giving of the general…
1Opinion of the CourtMcCLELLAN, C.J.
Witz, Biedler & Co. instituted this action, December 13, 1892, by attachment against-S. J. McKissack alone ; the affidavit setting forth a debt due from him by account to the plaintiff, and affirming that he had fraudulently disposed of his property. The bond and writ followed the affidavit: the bond was conditioned to pay damages etc. to him alone, and the writ was directed only against his estate. On March 25, 1893, the following memorandum or entry was made by the judge or court: “The plaintiff has leave to amend, attachment, bond and writ, which is done in red ink.” *415The amendment here…
2Cases cited7 opinions
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