Lowry v. Stowe
Supreme Court of Alabama
Error to the County court of Tuskaloosa. This was the case of an attachment, for a sum above fifty dollars, commenced before a justice of the peace, and returned into the County court. A motion was submitted to quash the attachment, upon various grounds, which appear in the opinion of the court; and it was sustained on the ground,'of a want of a sufficient affidavit.
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Error to the County court of Tuskaloosa. This was the case of an attachment, for a sum above fifty dollars, commenced before a justice of the peace, and returned into the County court. A motion was submitted to quash the attachment, upon various grounds, which appear in the opinion of the court; and it was sustained on the ground,'of a want of a sufficient affidavit. The position relied on for quashing the affidavit, was, that the justice who issued the attachment, had not signed his name at the bottom of the paper. The court was informed, (all which appeared by a ' bill of exceptions,) it…
1Opinion of the Court
•COLLIER, C. J.
— The County court of Tuskaloosa was moved to quash the attachment, which had been issued in this case, at the suit of the plaintiff in error, against the defendant:—
1. Because there was no affidavit, or if any, a defective one.
*4852. Because there is no bond, or if any, no sufficient bond.
3. Because the attachment being for more than fifty dollars, is not returnable, either to the County or Circuit court.
4. Because the attachment is not under the' hand and seal of the justice of the peace issuing the same.
5. Because the cause of action is not endorsed on the attachment.
The motion…
2Cited by12 opinions
- Pierse v. MilesMontana Supreme Court · 1885
- Ex parte MorganSupreme Court of Alabama · 1857
- Hall v. BrazletonSupreme Court of Alabama · 1867
- Joseph v. CawthornSupreme Court of Alabama · 1883
- Planters' & Merchants' Bank of Mobile v. AndrewsSupreme Court of Alabama · 1839
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