McPhillips v. Hubbard
Supreme Court of Alabama
Appeal from the City Court of Montgomery. Tried before Hon. Thomas M. Arrington. This suit was commencrd in the City Court of Montgomery by attachment sued out James McPhillips against Joseph Hubbard, which was levied by summoning the Louisville and Nashville Railroad Company as garnishee. The defendant filed a plea in abatement alleging that at the commencement of the suit he had a permanent residence in Escambia county, Alabama.
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Appeal from the City Court of Montgomery. Tried before Hon. Thomas M. Arrington. This suit was commencrd in the City Court of Montgomery by attachment sued out James McPhillips against Joseph Hubbard, which was levied by summoning the Louisville and Nashville Railroad Company as garnishee. The defendant filed a plea in abatement alleging that at the commencement of the suit he had a permanent residence in Escambia county, Alabama. The plaintiff demurred to. the plea because it was shown that the suit was commenced by attachment which, demurrer was overruled by the court, and the plaintiff…
1Opinion of the CourtMcCLELLAN, J.
— It has been long and uniformly held that actions commenced by attachment are not within the requirement of section 2640 of the .Code to the effect that suits on contracts “must be brought in the county in which the defendant, or one of the defendants, resides, if such defendant has within the State a permanent residence,” but that such actions may be instituted in any county in which a levy may be made. — Herndon v. Givens, 16 Ala. 261; Atkinson v. Wiggins, 69 Ala. 190; Home Protection Ins. Co. vRichards & Sons, 74 Ala. 468.
The reason upon which this rule was based by Chief Justice Collier…
2Cases cited3 opinions
- Home Protection of North Ala. v. Richards & SonsSupreme Court of Alabama · 1883
- Herndon v. GivensSupreme Court of Alabama · 1849
- Atkinson v. WigginsSupreme Court of Alabama · 1881
3Cited by6 opinions
- Pepperell Manufacturing Co. v. Alabama National BankSupreme Court of Alabama · 1954
- Henderson v. Alabama Auto Co.Supreme Court of Alabama · 1923
- Rogers v. C. E. Green Motor Co.Alabama Court of Appeals · 1927
- First National Bank v. DimmickSupreme Court of Alabama · 1912
- Northern Pacific Railway Co. v. BaumOhio Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.