DeBardeleben v. Crosby
Supreme Court of Alabama
Appeal from Elmore Circuit Court. Tried before Hon. J. Q. Smith. This was an attachment for rent sued out by DeBardeleben under the provisions of §§ 2961-3 It. C. which give the landlord a lien on the crop grown on rented land for rent for the current year, and the remedy by attachment for its collection.
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Appeal from Elmore Circuit Court. Tried before Hon. J. Q. Smith. This was an attachment for rent sued out by DeBardeleben under the provisions of §§ 2961-3 It. C. which give the landlord a lien on the crop grown on rented land for rent for the current year, and the remedy by attachment for its collection. The affidavit for the attachment states that Crosby and Ware, the appellees, “are justly indebted to said DeBardeleben in the sum of $200 for rent after allowing all just offsets and discounts, and that said Crosby and Ware are moving, or about to move, the crop off of the place, before…
1Opinion of the CourtBrickell, C. J.
1. Defects and irregularities in a writ of attachment, or apparent on the face of the affidavit or bond, may be taken advantage of, by motion to quash, if the motion is interposed within the time prescribed for pleading in abatement. P. &. M. Bank v. Andrews, 8 Por. 404; Hall v. Brazleton, 40 Ala. 406; Farmer v. McCraw, 31 Ala. 659, Rule 13, R. C. 821. The motion is addressed to the sound discretion of the court, and may be entertained or refused, and the party put to his plea, as the court may elect. An exercise of the discretion, is not revisable. Ellison v. Mounts, 12 Ala. 472.
2. The…
2Cases cited4 opinions
- Hall v. BrazletonSupreme Court of Alabama · 1867
- Hawkins v. GillSupreme Court of Alabama · 1844
- Steamboat Farmer v. McCrawSupreme Court of Alabama · 1858
- Ellison v. MountsSupreme Court of Alabama · 1847
3Cited by4 opinions
- Agee v. Mayer Bros.Supreme Court of Alabama · 1881
- Fitzsimmons v. HowardSupreme Court of Alabama · 1881
- Mohr v. Chaffe Bros.Supreme Court of Alabama · 1883
- Busbin v. WareSupreme Court of Alabama · 1881