Conklin v. Harris
Supreme Court of Alabama
ERROR to the County Court of Perry. This proceeding was commenced hr the court below by the defendant in error, by original attachment, as endorsee of a note made by Conklin & Moore to White & Richards. The affidavit recites that the defendant is a non-resident, but does not state that the ordinary process of law cannot be served on the defendant. The bond is in the usual form, except that it omits to state against whom the attachment is sued out.
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ERROR to the County Court of Perry. This proceeding was commenced hr the court below by the defendant in error, by original attachment, as endorsee of a note made by Conklin & Moore to White & Richards. The affidavit recites that the defendant is a non-resident, but does not state that the ordinary process of law cannot be served on the defendant. The bond is in the usual form, except that it omits to state against whom the attachment is sued out. The plaintiff having declared in debt, the defendant appeared, by his attorney, and moved the court to quash the attachment; which the court…
1Opinion of the CourtOrmond, J.
If it were admitted that a writ of error can be prosecuted to a judgment of the court below, refusing to quash an attachment, we are of opinion there was no error in this case. The supposed error was the omission to state «that the ordinary process of law could not be served on the defendant. This is not necessary where the defendant is a non resident.
The objection to the bond is for the first time taken in this court, and although the bond is certainly defective, advantage could only be taken of it in the court below, as was held in Jackson v. Stanley, [2 Ala. 326,] where an opportunity…
2Cases cited3 opinions
- Winston v. EwingSupreme Court of Alabama · 1840
- Jackson v. StanleySupreme Court of Alabama · 1841
- Green v. PyneSupreme Court of Alabama · 1840
3Cited by4 opinions
- Andrews v. MundyWest Virginia Supreme Court · 1892
- Ex parte MorganSupreme Court of Alabama · 1857
- Saunders v. CavettSupreme Court of Alabama · 1861
- Leroy M. Wiley & Co. v. SledgeSupreme Court of Georgia · 1850