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.
(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.)
Notes of Decisions
D.M.C. Enter., Inc. v. Hope, 100 So. 3d 1102 (Ala. Civ. App. 2012).
· cites it 2× “Code 1975, § 6-6-42, a part of Alabama’s attachment statutes, codified at Ala.Code 1975, § 6-6-40 et seq., and not the statutes governing detinue actions.”
Jones Jr. v. Preuit & Mauldin, 822 F.2d 998 (11th Cir. 1987).
“The actual procedures for attachment are set out in a separate section of the Alabama Code, 6-6-40 et seq. 9 As the district court noted, Ala.”
Boykin v. Boykin, 568 So. 2d 1243 (Ala. Civ. App. 1990).
“These sections specify, among other things, the instances in which attachment may issue, by whom such writs may be issued, and the oath which the plaintiff must make before a writ of attachment may be issued. In addition to the statutory provisions, we also find that Rule 64 of…”
Wiggins v. Roberts, 551 F. Supp. 57 (N.D. Ala. 1982).
“Plaintiff requested that §§ 6-6-40 through 6-6-46, Code of Alabama, 1940 (seven sections), be held unconstitutional.”
Jones v. Preuit, 822 F.2d 998 (11th Cir. 1987).
“The actual procedures for attachment are set out in a separate section of the Alabama Code, 6-6-40 et seq. 9 As *1004 the district court noted, Ala.”
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