Taylor v. Acre
Supreme Court of Alabama
Writ of error to the Circuit Court of Lowndes. This suit was commenced by Taylor, against Acre, and the process is an attachment, returnable before a justice of the peace.
Read the full summary
Writ of error to the Circuit Court of Lowndes. This suit was commenced by Taylor, against Acre, and the process is an attachment, returnable before a justice of the peace. Taylor had judgment, and Acre appealed to the Circuit Court, where he filed a statement in the name of S. A. McMeans, for his use, declaring on a promissory note for $25, dated 8th January, 1838, payable to S. A. McMeans or bearer.- This statement was stricken from the file on motion of the defendant, on the ground that it made a change of parties. The plaintiff then filed a statement containing the common counts, and under…
1Opinion of the CourtGoldthwaite, J.
This case is the same as that of Moffat v. Wooldridge, 3 Stewart, 322, and must be governed by that decision, unless the circumstance, that the leading process being attachment, creates a substantia] difference. It is supposed the party holding the beneficial interest in a note, without the legal title, must sue in his own name, as he is unable to swear the defendant is indebted to the nominal plaintiff. We can perceive no difficulty in instituting a suit by attachment which will not obtain to the same extent, in bailable process; but in either case the affidavit would properly be, that the…
2Cases cited1 opinion
- Moffet v. WooldridgeSupreme Court of Alabama · 1831
3Cited by3 opinions
- Davis Avenue Railroad v. MallonSupreme Court of Alabama · 1876
- Harrell v. WhitmanSupreme Court of Alabama · 1851
- Goss v. DavisSupreme Court of Alabama · 1852