Wolffe v. State
Supreme Court of Alabama
Appeal from the Circuit Court of Montgomery. Tried before the Hon. James E. Cobb. This action was commenced on the 3d February, 1883, by an original attachment, sued out in the name of the State, against Ered.
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Appeal from the Circuit Court of Montgomery. Tried before the Hon. James E. Cobb. This action was commenced on the 3d February, 1883, by an original attachment, sued out in the name of the State, against Ered. Wolffe. 'No affidavit was made, but, instead thereof, a written statement was filed with the clerk by the attorney-general, as follows: “Before me, E. R. Holt, clerk,” &c., “ personally appeared H. C. Tompkins, as the attorney-general of the State of Alabama, who is known to me, and who, as such attorney-general, says that Fred. Wolffe is justly indebted to the State of Alabama in the…
1Opinion of the CourtStone, C. J.
There is nothing in the objection, that the Attorney-General, when he sued out the attachment, did not exhibit the Governor’s written direction that he should do so. Code of 1876, § 2902. Such direction is, at most, the Attorney-General’s authority for bringing the suit; and if the direction was not given, the omission should be taken advantage of by motion to dissolve the attachment, made before joining issue.—Jordan v. Hazard, 10 Ala. 221; VanDyke v. The State, 24 Ala. 81.
Neither is there any thing in the alleged misjoinder of counts. Each count is clearly in assumpsit, the difference being…
2Cases cited19 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Brush v. WareSupreme Court of the United States · 1841
- Mobile Life Insurance v. RandallSupreme Court of Alabama · 1883
- Duncan v. JaudonSupreme Court of the United States · 1873
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3Cited by24 opinions
- Yellowstone County v. First Trust & Savings BankMontana Supreme Court · 1912
- State v. HillNebraska Supreme Court · 1896
- Lacey v. StateAlabama Court of Appeals · 1915
- Ex Parte CowartSupreme Court of Alabama · 1917
- State v. ThumIdaho Supreme Court · 1898
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