Woodruff v. Rose
Supreme Court of Alabama
This was au action commenced in the city court of Selma, by the appellant, N. Woodruff, against the appellee, W. A. Rose, by attachment. The sheriff levied the attachment on five bales of cotton, the property of defendant. At the February term, the defendant appeared, and moved the court to set aside and discharge the levy made; and the plaintiff thereupon moved the court to allow the sheriff to amend his return.
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This was au action commenced in the city court of Selma, by the appellant, N. Woodruff, against the appellee, W. A. Rose, by attachment. The sheriff levied the attachment on five bales of cotton, the property of defendant. At the February term, the defendant appeared, and moved the court to set aside and discharge the levy made; and the plaintiff thereupon moved the court to allow the sheriff to amend his return. Under the view of the case taken by the court, it is unnecessary to set out either the grounds on which the motions were based, or the evidence in the case. The court “ overruled the…
1Opinion of the Court
Per Ouriam.
Overruling a motion made by the plaintiff, to permit the sheriff to amend his return, levying an attachment, or granting a motion by the defendant, to set aside and vacate the levy of the sheriff, in such a case, is not, either of them, such a final judgment as will support an ,appeal to this court.
Setting aside and vacating the levy of an original attachment, is not equivalent to quashing the attachment itself. Quashing an attachment puts an end to the suit; setting aside and vacating the levy of an attachment, does not.
In the latter case, there may be an appearance by the…
2Cited by1 opinion
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