Bruner v. Kinsel

Supreme Court of Alabama

Bruner v. Kinsel

42 Ala. 493

DecidedJanuary 15, 1868

StatusPublished

This text of 42 Ala. 493 (Bruner v. Kinsel) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bruner v. Kinsel, 42 Ala. 493 (Ala. 1868).

Pincite

Opinion

BYRD, J.

There was no substantial defect in the attachment. It is somewhat informal. It does not expressly state that further proceedings thereon would be had before the justice issuing the attachment, or before whom they would be had. But we think that the clear inference is, that they were to be had before the justice issuing it.

Under §§ 2562 and 2849, we are of the opinion that the attachment was substantially good, and the court should not have quashed it.

It would be well for officers to follow strictly the forms given in the Code, when they are applicable.

Reversed and remanded.

Free access — add to your briefcase to read the full text and ask questions with AI

BYRD, J.

There was no substantial defect in the attachment. It is somewhat informal. It does not expressly state that further proceedings thereon would be had before the justice issuing the attachment, or before whom they would be had. But we think that the clear inference is, that they were to be had before the justice issuing it.

Under §§ 2562 and 2849, we are of the opinion that the attachment was substantially good, and the court should not have quashed it.

It would be well for officers to follow strictly the forms given in the Code, when they are applicable.

Reversed and remanded.

Cite This Page — Counsel Stack

Bluebook (online)

42 Ala. 493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bruner-v-kinsel-ala-1868.