§ 6-6-40 — Form

Alabama § 6-6-40

• Jurisdiction: Alabama
• Title 6: Civil Practice
• Ch. 6: Remedies
• Art. 2: Attachment
• Div. 2: Issuance

Text

The form of attachment must be in substance as follows, but no objection shall be taken for any defect in form if the essential matters are set forth:
The State of Alabama,
_______ county
To any sheriff of the State of Alabama:
Whereas A. B. (or C. D., as the agent or attorney of A. B., as the case may be) hath complained on oath to me, E. F., judge of the circuit court of said state (or district court judge, or judge of the probate court or clerk of the circuit court of said county or as the case may be), that G. H. is (or will be, as the case may be) justly indebted to the plaintiff in the sum of _____ dollars, and the plaintiff having made affidavit and given bond as required by law in such cases, you are hereby commanded to attach so much of the estate of G. H. as will be of value to satisfy the said debt and costs, according to the complaint, and such estate, unless replevied, so to secure that the same may be liable to further proceedings thereon, to be had in the circuit court for the county of _______, to be held at the courthouse thereof; when and where you must make known how you have executed this writ.
Witness my hand, this, etc.
E. F., clerk.

Legislative History

(Code 1852, §2514; Code 1867, §2939; Code 1876, §3264; Code 1886, §2941; Code 1896, §536; Code 1907, §2936; Code 1923, §6184; Code 1940, T. 7, §857.)