Penn v. Edwards

Decided June 15, 1868

Supreme Court of Alabama · decided 1868-06-15

Tried before Hon. W. J. Harralson. The appellant made affidavit before a justice of the peace, and sued out an attachment against the appellee on the 10th day of October, 1866, returnable to the circuit court. The defendant in this court moved to quash the attachment, but his motion was overruled. At the spring term, 1867, a judgment by default was rendered against the defendant. No complaint was filed in the cause.

Cited by 2 later decisions — most recently June 1914

2 state decisions

Relies on Reynolds v. Bell · Massey v. Walker · Amason v. Nash

Good law ✅— No negative treatment on recordhow we know

Decided 1868-06-15

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BYRD, J.

¶1I. The action of the court in overruling a motion to quash the attachment, is not reviewable on appeal.— Reynolds v. Bell, 3 Ala. 57; Masey v. Walker, 8 Ala. 167 ; 12 ib. 472; Gill v. Downs, 26 ib. 670. The act ap*656proved February 23d, 1866, (Pamphlet Acts, 94,) does not aid the appellant.

¶2II. The Code requires the plaintiff in attachment to file a complaint, (§ 2998,) and it is error for the court to render judgment by default without a complaint. — Amason v. Nash, 19 Ala. 104.

¶3Eeversed and remanded.