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78 Ala. 317

Beard, Wright & Hamil v. Woodard

Supreme Court of Alabama

Decided December 15, 1884

Supreme Court of Alabama · decided 1884-12-15

Tried before the ILon. Henry D. Clayton. This action was brought by the appellants, suing as partners, against A. C. cited Dawson v. Higgins, 50 Ala. 49; Corner v. Jackson, 74 Ala. 465; Schuessler v. Gaines, 68 Ala. 556. cited F learner v. Dickerson, 65 Ala. 129; Schuessler v. Gaines,8 Ala. 556.

Cited by 2 later decisions — most recently November 1890

2 state decisions

Relies on Flexner v. Dickerson

Good law ✅— No negative treatment on recordhow we know

Decided 1884-12-15

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SOMERVILLE, J.

¶1The question raised in this case was expressly decided in Flexner v. Dickerson, 65 Ala. 129. It was there held that, in an attachment proceeding, issued to enforce the statutory lien for advances to make a crop,, under section .3286 of the Code, the affidavit must state the facts which bring the case within the law, by showing, among other averments, the nature of the articles advanced, whether “horses, tnules, oxen, or necessary provisions, farming tools and implements, or money to purchase the same.” The general averment, in such an affidavit, that the plaintiff' made advances to enable the defendant to make a crop for the current year, without averring in what such advances consisted, is insufficient.

¶2The plea in abatement was properly sustained, and the judgment is affirmed.

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