McCartney v. Branch Bank at Huntsville
Supreme Court of Alabama
Writ of error to the Circuit Court of Madison county. THIS suit was commenced by attachment, and on its return, the defendant pleaded in abatement, after craving oyer of the affidavit, on which the attachment is founded as follows: 1. That the supposed affidavit is not, nor is any part thereof, in the hand writing of the said justice of the peace; nor is the same certified by the said Joseph A. T. Acklin, or by any other justice of the peace for the county aforesaid, as…
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Writ of error to the Circuit Court of Madison county. THIS suit was commenced by attachment, and on its return, the defendant pleaded in abatement, after craving oyer of the affidavit, on which the attachment is founded as follows: 1. That the supposed affidavit is not, nor is any part thereof, in the hand writing of the said justice of the peace; nor is the same certified by the said Joseph A. T. Acklin, or by any other justice of the peace for the county aforesaid, as having been sworn and subscribed by the said Stephen S. Ewing, President of the said Branch Bank, or by any other person;…
1Opinion of the CourtGoldthwaite, J.
The motion to quash the attachment, is settled against the plaintiff in error, by the case of Lowry v. Stowe, 7 Porter, 483, and we think that he cannot avail himself of the irregularity of the justice in omitting to sign his name in attestation pf the affidavit.
The plea is fully answered by the replication, which asserts-that the affidavit, in point of fact, was regularly sworn to and subscribed before the justice of the peace, who issued the attachment. It would have been more regular for the justice to have certified the affidavit, but we are not prepared to say, that his omission to do…
2Cases cited1 opinion
- Lowry v. StoweSupreme Court of Alabama · 1838
3Cited by3 opinions
- Farrow v. HayesCourt of Appeals of Maryland · 1879
- Hyde v. AdamsSupreme Court of Alabama · 1885
- Wilkinson v. LinkousWest Virginia Supreme Court · 1908