Ware v. Todd
Supreme Court of Alabama
Error to the Circuit Court of Pickens County. SUIT commenced by attachment in the name of James Todd, administrator of Thomas B. Wade, deceased. The writ of attachment is directed to any lawful officer, and was executed by a constable.
Read the full summary
Error to the Circuit Court of Pickens County. SUIT commenced by attachment in the name of James Todd, administrator of Thomas B. Wade, deceased. The writ of attachment is directed to any lawful officer, and was executed by a constable. The debt on which the suit is founded, is stated in the affidavit, to be a note payable the 1st March, 1S39; the cause for suing out the attachment, is stated to be, Ware the defendant,, “was about to abscond himself and his property out of the State State, so that the ordinary process of law could not be served on him:” no declaration is found in the record…
1Opinion of the CourtGoldthwaite, J.
— Departing from the order pursued by the assignment of errors, we will notice the defects which are supposed to exist in the case, from its commencement by the affidavit, to its conclusion by the judgment.
1. The affidavit is obnoxious to criticism, but we think it is not so defective, as to render a judgment, otherwise proper, erroneous for this cause. The oath required by statute, (P. Acts of 1837,) is, that the defendant is about to remove himself from the State, so that the ordinary process of law cannot be served on him. The affidavit states, that he is “ about to abscond himself and his…
2Cases cited1 opinion
- Napper v. NolandSupreme Court of Alabama · 1839
3Cited by3 opinions
- Peebles v. WeirSupreme Court of Alabama · 1877
- Staggers v. WashingtonSupreme Court of Alabama · 1876
- Agee v. Mayer Bros.Supreme Court of Alabama · 1881