Jordan v. Hazard
Supreme Court of Alabama
Error to the County Court of Mobile. Assumpsit by the defendant, against the plaintiff in error. The suit was commenced by attachment, the plaintiff making affidavit, that the defendant was indebted to him in the sum of fourteen hundred dollars, and had not, within af-fiant’s knowledge, sufficient property within the State of his residence, to satisfy the debt. Both parties were non-residents. A declaration was filed in the following words.
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Error to the County Court of Mobile. Assumpsit by the defendant, against the plaintiff in error. The suit was commenced by attachment, the plaintiff making affidavit, that the defendant was indebted to him in the sum of fourteen hundred dollars, and had not, within af-fiant’s knowledge, sufficient property within the State of his residence, to satisfy the debt. Both parties were non-residents. A declaration was filed in the following words. Rowland G. Hazard by attorney, complains, &c. For that whereas, heretofore, to wit, on the day of April, 1833, at New-Orleans, to-wit, in the county…
1Opinion of the CourtOrmond, J.
The question has been elaborately argued at the bar, whether an attachment will lie in this State, where the cause of action is not a debt, unless the instrument, or contract, on which the attachment issues, ascertains the amount of the damages. This question has never been distinctly presented to this court before, and we decline its examination now, because it is not presented on the record.
It is not raised by the motion to quash the attachment, because the attachment is regular, and were it otherwise, the refusal to quash is not revisable on error. For the same reason, it could not be made…
2Cases cited1 opinion
- Cain v. MatherSupreme Court of Alabama · 1836
3Cited by15 opinions
- Leach, Harrison & Forwood v. BushSupreme Court of Alabama · 1876
- Wolffe v. StateSupreme Court of Alabama · 1885
- Brown v. CoatsSupreme Court of Alabama · 1876
- Cotten v. RutledgeSupreme Court of Alabama · 1858
- Drakford v. TurkSupreme Court of Alabama · 1883
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