Weaver v. Puryear
Supreme Court of Alabama
Error to the County Court of Dallas. Suit commenced by attachment by the plaintiff in error. The two first counts of the declaration, are upon a warranty of soundness of a slave, sold by the defendants to the plaintiff, at the price of seven hundred dollars, to which are added the money counts.
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Error to the County Court of Dallas. Suit commenced by attachment by the plaintiff in error. The two first counts of the declaration, are upon a warranty of soundness of a slave, sold by the defendants to the plaintiff, at the price of seven hundred dollars, to which are added the money counts. The defendants refused to plead to the declaration, and suggested to the court that the first and second counts of the declaration, are not admissible under the attachment sued out in this case, for a money demand, and moved the court to strike therefrom the declara-ration, which motion was granted by…
1Opinion of the CourtOrmond, J.
The question presented by the record is, whether an attachment will lie upon a breach of warranty of the soundness of a slave.
By the custom of Loudon, which is the original of the statute regulations upon this subject, foreign attachment would not lie, but in those cases where debt, or indebitatus assump-sit could be maintained.
Our statute uses the terms, “debt or demand,” and requires the plaintiff, or his tagent, “ to swear to the amount of the sum due,” and as this could not be done, where the damages were uncertain, it would seem to follow, that an attachment would not lie. We do not…
2Cited by8 opinions
- Stoudenmeier v. WilliamsonSupreme Court of Alabama · 1857
- Showen v. J. L. Owens Co.Michigan Supreme Court · 1909
- Jones's Adm'r v. CrewsSupreme Court of Alabama · 1879
- Bozeman v. RoseSupreme Court of Alabama · 1866
- Guy v. LeeSupreme Court of Alabama · 1886
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