Fleming, Linn & Co. v. Burge
Supreme Court of Alabama
Whit of error to the Circuit Court of Chambers. This was an action commenced by attachment on the 10th of August, 1842, returnable to the circuit court on the second Monday after the fourth Monday of September next succeeding its teste, at the suit of the defendant in error against the plaintiffs.
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Whit of error to the Circuit Court of Chambers. This was an action commenced by attachment on the 10th of August, 1842, returnable to the circuit court on the second Monday after the fourth Monday of September next succeeding its teste, at the suit of the defendant in error against the plaintiffs. The plaintiff below declared on an instrument in writing, dated on the first day of June, 1842, by which the defendants acknowledged to be due to the plaintiff by. them, the sum of one hundred and twenty-four 88-100 dollars, for keeping stage horses, which were then in their possession. The ground…
1Opinion of the CourtCollier, C. J.
1. It is not allowable to object on error, that the bond executed by the plaintifFin attachment is defective. If the defendant thinks proper to make such an objection in the primary court, it will be there entertained, yet the suit will not be dismissed, unless the plaintiff declines- executing a sufficient bond. [Lowry v. Stowe, 7 Porter’s Rep. 483; Alford v. Johnson, 9 Porter’s Rep. 320; Scott v. Macy, et al. 3 Ala. Rep. 250.] The rule of law upon this point cannot be otherwise, although the record does not show that the defendant had actual notice of the pendency of the suit previous to…
2Cases cited2 opinions
- Scott v. MacySupreme Court of Alabama · 1841
- Miller v. McMillanSupreme Court of Alabama · 1842
3Cited by7 opinions
- Rice's Adm'r v. RiceSupreme Court of Alabama · 1880
- Ex parte MorganSupreme Court of Alabama · 1857
- Currier v. LockwoodSupreme Court of Connecticut · 1873
- Bean v. BriggsSupreme Court of Iowa · 1855
- Dacovich v. SchleyCourt of Appeals for the Fifth Circuit · 1905
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