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The Encyclopedic Digest of Alabama Reports, Vol. 2: Being a Complete Encyclopedia and Digest of All the Alabama Case Law Up to and Including Volume ... Reports, and Volume 62, Southern Reporter
The Encyclopedic Digest of Alabama Reports, Vol. 2: Being a Complete Encyclopedia and Digest of All the Alabama Case Law Up to and Including Volume ... Reports, and Volume 62, Southern Reporter
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Description
Proceedings by attachment in courts of law are purely Of statutory origin, and can operate only on the rights of the defendant in attachment, that is, such rights, as he could enforce by action at law in his own name. Henderson v. Ala bama Gold Life Ins. Co., 72 Ala. 32.
A suit commenced by attachment is not a proceeding in rem, but is personal against the defendant; and the judgment therein authorized is not merely one of condemnation Of the property attached, but is personal and general, as in a suit commenced by summons and complaint. Betancourt v. Eberlin, 71 Ala. 461.
The theory Of an attachment, whether it be process against or to subject the property or effects Of a resident or non resident oi the state, as the remedy has been administered in this state, is that it partakes essentially Of the nature and character Of a proceeding in personam, and not Of a proceeding in rem. Ex change Nat. Bank v. Clement, 109 Ala. 270, 19 So. 814, 817; Betancourt v. Eber lin, 71 Ala. 461.
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Product details
- Languages:
- Published: English , Original: English
- Number of Pages:
- 850
- Publisher:
- Forgotten Books
- Publication Date:
- 2017-11-07
- Weight:
- 1279 g
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