Ellison v. Mounts
Supreme Court of Alabama
Writ of Error to the County Court of Walker. The defendant in error caused an attachment to be issued against the estate of the plaintiffs, returnable to the county court. At the return term, the defendants below moved to quash the attachment “ for want of a sufficient bond, and other irregularities alledged by the defendants to be apparent on the face of the proceedingswhich motion was overruled and the plaintiff ordered to enter into a new bond.
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Writ of Error to the County Court of Walker. The defendant in error caused an attachment to be issued against the estate of the plaintiffs, returnable to the county court. At the return term, the defendants below moved to quash the attachment “ for want of a sufficient bond, and other irregularities alledged by the defendants to be apparent on the face of the proceedingswhich motion was overruled and the plaintiff ordered to enter into a new bond. Af-terwards, and at the next term, the defendant filed his plea in abatement, alledging that the attachment was issued without the plaintiff having…
1Opinion of the CourtCollier, C. J.
The refusal to quash an attachment, is not revisable on error. Instead of entertaining the motion, even where the suggestion upon which it is made is well founded, the primary court may put the defendant to a plea in abatement. A defect in the bond, or the want of a bond, as well as the error pointed out in the writ itself, may be corrected by the substitution of a proper bond, find the amendment of the writ, so as to require the sheriff to whom it is addressed to attach the defendant’s estate, instead of commanding the plaintiff himself to perform this service. [Reynolds v. Bell, 3 Ala. Rep.…
2Cases cited4 opinions
- Cobb v. Miller, Ripley & Co.Supreme Court of Alabama · 1846
- Reynolds v. BellSupreme Court of Alabama · 1841
- Cobb v. Force, Bros. & Co.Supreme Court of Alabama · 1844
- Morgan v. BillingsSupreme Court of Alabama · 1841
3Cited by5 opinions
- Foster v. StateSupreme Court of Alabama · 1863
- Ex parte PutnamSupreme Court of Alabama · 1852
- DeBardeleben v. CrosbySupreme Court of Alabama · 1875
- Wilson v. CallanAlabama Court of Appeals · 1913
- Jessie v. SpurlinSupreme Court of Alabama · 1971