The Encyclopedic Digest of Alabama Reports, Vol. 2

Download or read book The Encyclopedic Digest of Alabama Reports, Vol. 2 written by Thomas Johnson Michie and published by Forgotten Books. This book was released on 2017-11-07 with total page 850 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from 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 175, Alabama Reports, Volume 6, Alabama Appellate Court Reports, and Volume 62, Southern Reporter Proceedings by attachment in courts of law are purely Of statutory origin, and can operate only on the legal 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. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.