Perry v. Hurt, Corbin & Atkins
Supreme Court of Alabama
Appeal from Circuit Court of Dallas, Tried before Hon. M. J. Saeeold. The appellees, Hurt, Corbin and Atkins, commenced suit against the appellant, “B. E. Perry,” by attachment in a justice’s court.
Read the full summary
Appeal from Circuit Court of Dallas, Tried before Hon. M. J. Saeeold. The appellees, Hurt, Corbin and Atkins, commenced suit against the appellant, “B. E. Perry,” by attachment in a justice’s court. The affidavit which was sworn to by W. T. Atkins, stated that “ B. E. Perry is justly indebted to Hurt, Corbins & Atkins, in the sum of $98.60, after allowing all just off-sets and discounts, and that said B. E. Perry is about to leave the State for the purpose of defrauding his creditors, and that the attachment was not sued out for the purpose of vexing,” &c. ’ Perry pleaded in abatement that…
1Opinion of the CourtBrickell, C. J.
There is no error in this record. On an appeal to the circuit court from the judgment of a justice of the peace, the cause must be tried without regard to any defect in the process, or other proceedings before the justice. — R. C. § 2772. If the suit was commenced by attachment, defects in the affidavit or the writ, are, on appeal, cured by the statute.—Clough v. Johnson, 9 Ala. 425. The only defenses the circuit court can regard, are such as reach the merits of the case.—McCrary v. Smith, 7 Ala. 157; Slaton v. Apperson, 15 Ala. 721; Thompson v. Pierce, 2 Stew. 427.
If the plea in abatement…
2Cases cited4 opinions
- Vaughan v. RobinsonSupreme Court of Alabama · 1853
- Crawford v. CluteSupreme Court of Alabama · 1844
- Clough v. JohnsonSupreme Court of Alabama · 1846
- Slaton v. AppersonSupreme Court of Alabama · 1849
3Cited by1 opinion
- Knowles v. SteedSupreme Court of Alabama · 1885