Watson v. Auerbach
Supreme Court of Alabama
APPEAL from the Circuit Court of Pike. Tried before the Hon. H. D. Clayton. This was a suit on attachment, brought by appellee, T. H. Auerbach, against appellants, S. P. Watson, P. PI. Watson and T. J. Plight.
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APPEAL from the Circuit Court of Pike. Tried before the Hon. H. D. Clayton. This was a suit on attachment, brought by appellee, T. H. Auerbach, against appellants, S. P. Watson, P. PI. Watson and T. J. Plight. At the spring term, 1876, of said Circuit Court, the defendants appeared and moved the court to strike the cause from the docket upon the grounds stated in the motion, to-wit: first, because the same is unauthorized by law ; ■second, because the papers show that an ■ attachment will not lie in the case. The court overruled the motion, and ■defendants excepted. At the fall term, 1876, of…
1Opinion of the CourtStone, J.
In the case of Brown v. Coats, at the present term, we declared that Avhen an attachment issues for a cause of action Avhich can not be enforced by that process, the mode of reaching the defect is by a rule on the plaintiff to sIioav cause AAdry the attachment shall not be dissolved. Such error cannot be brought to the notice of the court in any other Avay; nor raised, after dem urrer, or plea to the merits has been interposed.—See 1 Brick. Dig. 164, §§ 143, 145, 146, 147.
A motion to quash an attachment, overruled in the court beloAV, Avill not be reviewed here. — See 1 Brick. Dig. 164, §§…
2Cases cited2 opinions
- Reynolds v. BellSupreme Court of Alabama · 1841
- Dawson v. HigginsSupreme Court of Alabama · 1873
3Cited by4 opinions
- Mann Lumber Co. v. Bailey Iron WorksSupreme Court of Alabama · 1908
- Mohr v. Chaffe Bros.Supreme Court of Alabama · 1883
- Smith v. BakerSupreme Court of Alabama · 1885
- Grady v. HallSupreme Court of Alabama · 1877