Moore v. Dickerson
Supreme Court of Alabama
Appeal from Circuit Court of Lowndes. Tried before Hon. J. Q. Smith. The appellee commenced this suit by attachment, and the appellant, by motion entered on the motion docket, applied to the court for a rule upon the plaintiff to show cause why the attachment should not be dissolved, on the ground that it had issued before the maturity of his obligation, in a case not so provided for by law.
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Appeal from Circuit Court of Lowndes. Tried before Hon. J. Q. Smith. The appellee commenced this suit by attachment, and the appellant, by motion entered on the motion docket, applied to the court for a rule upon the plaintiff to show cause why the attachment should not be dissolved, on the ground that it had issued before the maturity of his obligation, in a case not so provided for by law. The plaintiff, resisting this motion, exhibited a contract dated March 3d, 1868, by which the defendant agreed to deliver to her “ five bales of cotton of five hundred pounds each next fall.” The…
1Opinion of the Court
B. F. SAFFOLt), J.
An appearance by motion of a defendant to dissolve an attachment is not a general appearance, and can not have the effect of one. — Rev. Code, p. 815, Rule 1; Lampley v. Beavers, 25 Ala. 534; Nabors v. Nabors, 2 Port. 162.
The j udgment in this case, as is shown by the transcript, ought to have been by default. The error in this respect, under the circumstances, must be regarded as clerical, and, therefore, not reversible, but the appellant must have the benfit of the proper judgment.
The cause of action is not a debt, to enforce the collection of which an attachment may issue…
2Cases cited5 opinions
- Lampley v. BeaversSupreme Court of Alabama · 1854
- Stevenson v. O'HaraSupreme Court of Alabama · 1855
- Bozeman v. RoseSupreme Court of Alabama · 1866
- Nabors v. NaborsSupreme Court of Alabama · 1835
- Flash, Hartwell & Co. v. Paul, Cook & Co.Supreme Court of Alabama · 1856
3Cited by3 opinions
- Kildare Lumber Co. v. Atlanta BankTexas Supreme Court · 1897
- Abraham v. NicrosiSupreme Court of Alabama · 1888
- Sloan v. HudsonSupreme Court of Alabama · 1898