Cooper v. Reynolds
Supreme Court of the United States
Error to the Circuit Court for the Eastern District of ' Tennessee, the case being thus : The code of Tennessee of 1857-8, under its chapter on attachments, thus provides: §3455. Any person having a debt or demand due at'the commencement of an action ; or a plaintiff after action for any cause has been brought, and either before or after judgment, may ‘ sue out an attachment at law or in equity against the property of a debtor or defendant in the following cases: 2. Where he…
Read the full summary
Error to the Circuit Court for the Eastern District of ' Tennessee, the case being thus : The code of Tennessee of 1857-8, under its chapter on attachments, thus provides: §3455. Any person having a debt or demand due at'the commencement of an action ; or a plaintiff after action for any cause has been brought, and either before or after judgment, may ‘ sue out an attachment at law or in equity against the property of a debtor or defendant in the following cases: 2. Where he is about to remove or has removed himself from the State. 5. Where he absconds or is absconding or concealing himself…
1Opinion of the CourtJustice Miller
delivered the opinion of the.eourt.
The objections taken to the proceeding' in attachment under which Cooper, the defendant below, claimed title, are, 1st, that by the law of Tennessee the attachment could not be issued at the beginning of the suit where the action was ex delicto, but could outy be issued after suit commenced; 2d, that the affidavit was defective; 3d, that there was no publication of notice, as required ‘by the statutes.
The question of the conformity of these proceedings to the requirements of the statutes under which they were had, has been very fully discussed by counsel,…
2Cases cited1 opinion
- Thompson v. TolmieSupreme Court of the United States · 1829
3Cited by393 opinions
- Milliken v. MeyerSupreme Court of the United States · 1941
- Anderson National Bank v. LuckettSupreme Court of the United States · 1944
- Swift & Co. v. United StatesSupreme Court of the United States · 1928
- Blackmer v. United StatesSupreme Court of the United States · 1932
- Pope v. United StatesSupreme Court of the United States · 1944
388 more not listed; retrieve them via the Exa API.