Penn v. Edwards

Supreme Court of Alabama
Penn v. Edwards, 42 Ala. 655 (Ala. 1868)
Byrd

Penn v. Edwards

Opinion of the Court

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*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.

Reference

Full Case Name
PENN v. EDWARDS
Cited By
2 cases
Status
Published