Penn v. Edwards

Supreme Court of Alabama

Penn v. Edwards

42 Ala. 655

CourtSupreme Court of Alabama

DecidedJune 15, 1868

StatusPublished

Cited by2 cases

This text of 42 Ala. 655 (Penn v. Edwards) 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

Penn v. Edwards, 42 Ala. 655 (Ala. 1868).

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Opinion

BYRD, J.

I. 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[656]*656proved February 23d, 1866, (Pamphlet Acts, 94,) does not aid the appellant.

II. 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.

Eeversed and remanded.

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BYRD, J.

I. 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[656]*656proved February 23d, 1866, (Pamphlet Acts, 94,) does not aid the appellant.

II. 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.

Eeversed and remanded.

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42 Ala. 655, Counsel Stack Legal Research, https://law.counselstack.com/opinion/penn-v-edwards-ala-1868.

Opinion

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