Middlebrook v. Ames
Supreme Court of Alabama
On the 13th day of December, 1830, at the County of Mobile, Barrett Ames, sued out process of attachment against the goods and effects of Samuel H. Middlebrook. The affidavit charged that the said Middlebrook did so abscond or secrete himself, as that the ordinary process of law could not be served, &c.
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On the 13th day of December, 1830, at the County of Mobile, Barrett Ames, sued out process of attachment against the goods and effects of Samuel H. Middlebrook. The affidavit charged that the said Middlebrook did so abscond or secrete himself, as that the ordinary process of law could not be served, &c. To the declaration filed in the cause, and which contained divers counts, the defendant filed the following plea, which was sworn to, to wit: “And the said defendant comes, and in his own proper person, and for plea to the suit of the said plaintiff, saith, he now, and for the eight or more…
1Opinion of the CourtSaffolb, J.
-Ames sued out an attachment returnable to the Circuit Court of Mobile County, against the plaintiff in error, as an absconding debt- or. The plaintiff in error filed a plea in abatement, as follows — That he, “the said defendant comes in his own proper person, and for plea to the suit of the plaintiff, saith, that he is, and for eight or more years last past, has been a resident citizen of the State of New York; and never was in the State of Alabama, with an intention of residing therein — wherefore, he prays judgment, that the said attachment may be-*160quashed,” The plea was signed “ S. H.…
2Cases cited1 opinion
- Parmer v. BallardSupreme Court of Alabama · 1831
3Cited by1 opinion
- DeJarnette v. DreyfusSupreme Court of Alabama · 1909