Mohr v. Chaffe Bros.
Supreme Court of Alabama
Appeal from City Court of Montgomei-y. Tried before Hon. T. M. AbbiNGTON. This was an action brought by R. II. Chaffe Bros. & Co. againat Alex. Mohr, and was commenced by an original attachment, which was sued out of, and "was issued by the clerk of the City Court of Montgomery, on the 11th December, 1883. From the recitals in the bond and the mandate of the writ, it is made to appear that the attachment was returnable to the Circuit Court of Montgomery county.
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Appeal from City Court of Montgomei-y. Tried before Hon. T. M. AbbiNGTON. This was an action brought by R. II. Chaffe Bros. & Co. againat Alex. Mohr, and was commenced by an original attachment, which was sued out of, and "was issued by the clerk of the City Court of Montgomery, on the 11th December, 1883. From the recitals in the bond and the mandate of the writ, it is made to appear that the attachment was returnable to the Circuit Court of Montgomery county. The defendant filed a plea in abatement, craving oyer of the affidavit, bond and writ, which are set out, but failing to point out or…
1Opinion of the CourtBb.ickell, C. J.
1. The assignments of error relating to the action of the city court in overruling the motions to dismiss and to strike from the files, do not present matter which on error is revisable. They were but the equivalent of a motion to quash the attachment, because of defects or irregularities in the affidavit, bond and writ; and it has long been settled that such a motion is addressed to the sound discretion of the primary court, and may, without error, be overruled, putting the party to a plea in abatement, which is the more appropriate mode of taking advantage of the defect or irregularity, if…
2Cases cited7 opinions
- Jones v. Nelson'sSupreme Court of Alabama · 1874
- Hall & Curry v. BrazeltonSupreme Court of Alabama · 1871
- Murphy v. State ex rel. EggerSupreme Court of Alabama · 1877
- DeBardeleben v. CrosbySupreme Court of Alabama · 1875
- Watson v. AuerbachSupreme Court of Alabama · 1876
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- Crenshaw v. Alabama Freight, Inc.Supreme Court of Alabama · 1971