Cooper v. Reynolds
Supreme Court of the United States
Error to the Circuit Court for the Eastern District of ' Tennessee, the case being thus : The code of Tennessee of 1857-8, under its chapter on attachments, thus provides: §3455. Any person having a debt or demand due at'the commencement of an action ; or a plaintiff after action for any cause has been brought, and either before or after judgment, may ‘ sue out an attachment at law or in equity against the property of a debtor or defendant in the following cases: 2. Where he…
Read the full summary
Error to the Circuit Court for the Eastern District of ' Tennessee, the case being thus : The code of Tennessee of 1857-8, under its chapter on attachments, thus provides: §3455. Any person having a debt or demand due at'the commencement of an action ; or a plaintiff after action for any cause has been brought, and either before or after judgment, may ‘ sue out an attachment at law or in equity against the property of a debtor or defendant in the following cases: 2. Where he is about to remove or has removed himself from the State. 5. Where he absconds or is absconding or concealing himself…
1Opinion of the Court 1
77 U.S. 308 (1870)
10 Wall. 308
COOPER
v.
REYNOLDS.
Supreme Court of United States.
Mr. Horace Maynard, with whom was Mr. T.A.R. Nelson, for the plaintiff in error.
Mr. J.W. Moore, contra.
2Opinion of the Court · MillerJustice Miller
The objections taken to the proceeding in attachment under which Cooper, the defendant below, claimed title, are, 1st, that by the law of Tennessee the attachment could not be issued at the beginning of the suit where the action was ex delicto, but could only be issued after suit commenced; 2d, that the affidavit was defective; 3d, that there was no publication of notice, as required by the statutes.
The question of…
Also in this document: Dissent.
3Cases cited3 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Thompson v. TolmieSupreme Court of the United States · 1829
- Kempe's Lessee v. KennedySupreme Court of the United States · 1809
4Cited by2 opinions
- Armstrong v. CarwileSupreme Court of South Carolina · 1900
- Yoder, J. v. McCarthy Const., IncSuperior Court of Pennsylvania · 2023