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42 Ala. 308

Blair v. Miller

Supreme Court of Alabama

Decided January 15, 1868

Supreme Court of Alabama · decided 1868-01-15

Apread from the Circuit Court of Dale. Note by the Reporter. — The transcript fails to show who was the presiding judge. This was a motion in the court below to quash the writ of attachment, for the reason that it was not made returnable on its face to any particular term of the court, but simply directed that the sheriff should return it to the circuit court of Dale county at Newton.

Cited by 2 later decisions — most recently December 1883

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1868-01-15

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A. J. WALKER, C.- J.

¶1No objection against an attachment can prevail “ if the essential matters are set forth.” Revised Code, § 2939. We do not regard the direction as to the term to which the attachment is returnable as essential. There is no law directing the term except in the form' of an attachment prescribed, but that form distinctly shows, that the next term is the return term. As the law prescribes the term, it was not indispensable to insert it in the attachment. We do not think the other objections made, reach essential matters. The defect in the direction would only become essential, if it was desired to levy the attachment in another county than Dale. — See the authorities on the brief of counsel.

¶2All the defects were amendable, but without a bill of exceptions the refusal to allow an amendment is not revisable, in the absence of an exception. — Tuskaloosa Wharf Co. v. M. & A. of Tuskaloosa, 38 Ala.; Revised Code, §§ 2808, 2809.

¶3Reversed and remanded.

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