Busbin v. Ware
Supreme Court of Alabama
Appeal from Cherokee Circuit Court. Tried before Hon. Leroy F. Box. This was an attachment by W. H. Busbin, landlord, the appellant, against Jarret "Ware and Charley Dickson, tenants, the appellees, and was sued out on the 25th September, 1880, for the purpose of enforcing his statutory lien for rent and advances.
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Appeal from Cherokee Circuit Court. Tried before Hon. Leroy F. Box. This was an attachment by W. H. Busbin, landlord, the appellant, against Jarret "Ware and Charley Dickson, tenants, the appellees, and was sued out on the 25th September, 1880, for the purpose of enforcing his statutory lien for rent and advances. The affidavit on which the attachment was issued averred, that the rent and advances would be due on 25th December, 1880, and the ground for the attachment is in these words: “ That affiant has good cause to believe said tenants are-about to remove from -the premises, or otherwise…
1Opinion of the CourtSomerville, J.
A motion to quash an affidavit for defects apparent on the face of it, or a motion to quash a writ of .-attachment for similar defects or irregularities, if made within the time prescribed for pleading in abatement, is addressed to the sound discretion of the court, and may be entertained accord*281ingly; or it may be refused and the party malting the motion put to his plea, as the court may elect.
The motion to quash in this case was properly allowed under the authority of De Bardeleben v. Crosby, 53 Ala. 363. It seems to hav'e been made at the first term at which it could have been made, as…
2Cases cited1 opinion
- DeBardeleben v. CrosbySupreme Court of Alabama · 1875
3Cited by1 opinion
- Monroe County Growers' Exchange v. HarperAlabama Court of Appeals · 1925