Wallis v. Murphy
Supreme Court of Alabama
Thomas B Murphy, by his agent B. Harding, sued out an original attachment in Morgan county against Ezekiel P. Wallis, to recover on a note of hand for $107 75. .The process was issued by a Justice of the Peace, and was made returnable to the County Court.
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Thomas B Murphy, by his agent B. Harding, sued out an original attachment in Morgan county against Ezekiel P. Wallis, to recover on a note of hand for $107 75. .The process was issued by a Justice of the Peace, and was made returnable to the County Court. The ground stated in the plaintiff’s affidavit, for the issuance of the attachment is set forth in these words: “that said Wallis is about to remove himself out of the county of Morgan, his place of residence, so that the ordinary procesá of law cannot be served upon him, &c. ” The writ of attachment recited the ground of the issuance of the…
1Opinion of the Court
By JUDGE PERRY.
Among other causes it is assigned for error, that the affidavit is not sufficient to authorize the issuance of the attachment. The question arises, is the statement in the affidavit sufficient under the act of 1S07,a to authorize the issuance of the attachment? The causes for which an attachment may issue, as designated in the law, are, “that any person hath re-' moved, or is removing him or herself out of the county privately,” &c. The reasons then, as stated in the' affidavit as the ground upon which the attachment issued, are not warranted by the statute, which only…
2Cited by1 opinion
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