Mitchell v. Pitts & Henry
Supreme Court of Alabama
Appeal from City Court of Selma. Tried before Hon. Jon. Haralson. This was an original attachment sued out by the appellees, Pitts and Henry, on the 20th day of November, 1876, against the appellant Mitchell, and returnable to the City Court of ■Selma on the first Monday in January, 1877. The affidavit states that one of the attorneys for the plaintiffs appeared before the clerk, and after being sworn, stated that he is an attorney for said Pitts and Henry, “and that he is…
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Appeal from City Court of Selma. Tried before Hon. Jon. Haralson. This was an original attachment sued out by the appellees, Pitts and Henry, on the 20th day of November, 1876, against the appellant Mitchell, and returnable to the City Court of ■Selma on the first Monday in January, 1877. The affidavit states that one of the attorneys for the plaintiffs appeared before the clerk, and after being sworn, stated that he is an attorney for said Pitts and Henry, “and that he is informed and believes, and therefore states, that Henry P. Mitchell is justly indebted to William J. Pitts, and George…
1Opinion of the CourtManning, J.
Whether the reason assigned in the motion for taking the pleas in abatement from the file in this-cause, was a sufficient one or not, for granting the order that it be done, Ave are of opinion that' there was no error in the ruling of the court. The averments of the pleas in abatement are — 1st, that the attachment “ does not show that any debt or demand was justly due,” &c.; and 2d, that the affidavit on which it was founded “does not state the amount of’ the plaintiffs’ debt or demand, and that it is justly due,”' &e., “ as required by laAV.”
But on referring to the attachment, Are find no…
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