Hadley v. Bryars
Supreme Court of Alabama
Appeal from Circuit Court of Baldwin. Tried before H. T. Toulmin. Wesley Bryars, a minor, by bis nest friend, Elizabeth Bryars, commenced suit by attachment against James Had-ley, Sr., and others, to recover damages for an assault and battery committed by them on him.
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Appeal from Circuit Court of Baldwin. Tried before H. T. Toulmin. Wesley Bryars, a minor, by bis nest friend, Elizabeth Bryars, commenced suit by attachment against James Had-ley, Sr., and others, to recover damages for an assault and battery committed by them on him. The affidavit states that “James Hadley, Sr., James Hadley, Jr., Jesse Hadley, Thomas Stewart and Howell Pincher, are indebted to Wesley Bryars, in damages for assault and battery on him, the said Wesley, in the sum of ten thousand dollars,” &c. The attachment bond was in the penalty of twenty thousand dollars, and made payable…
1Opinion of the Court
BRICKELL, 0. J.
The appeal is taken by consent of the appellee, under the statute (R. C. § 3486) which authorizes *141an appeal from a judgment overruling a motion to quash or dismiss an attachment, or sustaining a demurrer to a plea in abatement of an attachment. We pass over the defects of each plea in abatement, which an amendment could cure, as we find from the record, there is another case pending, involving the same pleas, and the same motions to quash, awaiting the decision in this cause. The first plea in abatement, alleges three separate grounds for quashing the attachment : the first of…
2Cases cited1 opinion
- Bozeman v. RoseSupreme Court of Alabama · 1866
3Cited by3 opinions
- Hundley v. ChadickSupreme Court of Alabama · 1895
- Worthley v. GoodbarSupreme Court of Arkansas · 1890
- National Exchange Bank v. StellingSupreme Court of South Carolina · 1889