Bell v. Allen
Supreme Court of Alabama
Appeal from the Circuit Court of Perry. Tried before the Lion. John Moore. This action was brought by B. L. Allen, against George O. Bell; and was commenced by original attachment, sued out before the clerk of said court, on the 24th February, 1882. The affidavit for the attachment was made by said Allen, and stated “that George C. Bell rented from him, for the year 1881, a certain tract of land known as affiant’s ‘ Prairie Place,’ containing 240acres, more or less; to be by…
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Appeal from the Circuit Court of Perry. Tried before the Lion. John Moore. This action was brought by B. L. Allen, against George O. Bell; and was commenced by original attachment, sued out before the clerk of said court, on the 24th February, 1882. The affidavit for the attachment was made by said Allen, and stated “that George C. Bell rented from him, for the year 1881, a certain tract of land known as affiant’s ‘ Prairie Place,’ containing 240acres, more or less; to be by said Bell worked and cultivated during said year, and which was by said Bell worked and cultivated during said year ;…
1Opinion of the CourtStone, C. J.
— If the question had been raised by the plea in abatement, it is questionable if the affidavit for attachment sufficiently avers that demand of payment had been made, before action brought. — Cotile of 1876, § 3472, snbd. 1. Demand should have been averred specially, and not in the form of recital. This defect, however, is not pointed out in any of the specifications of the plea in abatement, and therefore the objection is not raised.
It is very true that, to maintain attachment on the claim asserted in this suit, the relation of landlord and tenant must be shown to have existed when the…
2Cases cited1 opinion
- Fitzsimmons v. HowardSupreme Court of Alabama · 1881
3Cited by2 opinions
- Robinson & Ledyard v. HoltSupreme Court of Alabama · 1888
- Dozier v. RobinsonSupreme Court of Alabama · 1886