Kinney v. Mallory
Supreme Court of Alabama
' Error to’the Circuit Court of Mobile. THIS was a suit commenced ‘by attachment, in the.‘Cour| below, by the plaintiff, against the defendant in error.; The attachment which issued, was levied on four negroes, and the sheriff returned, they were replevied by Pendleton Jenkins.
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' Error to’the Circuit Court of Mobile. THIS was a suit commenced ‘by attachment, in the.‘Cour| below, by the plaintiff, against the defendant in error.; The attachment which issued, was levied on four negroes, and the sheriff returned, they were replevied by Pendleton Jenkins. The replevin bond was executed bty Jenkins, and five other persons, in the penal sum of fourteen hundred dollars, and payable to the plaintiff in attachment, with condition to deliver the negroes to satisfy such judgment as might be-recovered in the suit so commenced by attachment. The plaintiff having filed his…
1Opinion of the CourtOrmond, J.
The execution which issued on>the l’eplevy bond taken in this case, was quashed because in the opinion-of the Court, it was not such as,-the law authorised to be taken.
To the proper understanding of this question, a brief account of the old.law and the decisions upon it, is necessary.
■- The,first attachment law, passed in 1807, authorised the defendant in attachment, to replevy the property attached by giving special bail and pleading to issue. Toul. Dig. 17, § 14. The act of 1818, provided, that when the property of an absconding debtor was attached, that it -should not be replevied but by…
2Cases cited3 opinions
- Edwards v. StateWashington Supreme Court · 1891
- Adkins v. AllenSupreme Court of Alabama · 1827
- Sewall v. FranlinSupreme Court of Alabama · 1835
3Cited by10 opinions
- People v. HanrahanMichigan Supreme Court · 1889
- Smith v. SpeedSupreme Court of Alabama · 1874
- Rawls v. Doe ex dem. KennedySupreme Court of Alabama · 1853
- People ex rel. Kelly v. RaymondIllinois Supreme Court · 1900
- Ray v. ThompsonSupreme Court of Alabama · 1869
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