35 Ala. 76 | Ala. | 1859
The bill is filed by a simple-contract creditor, having no judgment or lien. The law is settled in this State, that the equity of the bill cannot be maintained upon the ground that the debtor resides in another State. — Saunders & McLaughlin v. Watson, 14 Ala. 198; Reese & Heylin v. Bradford, 13 Ala. 837. Nor can the equity of the bill be maintained upon the ground, that the court ought to take jurisdiction in analogy to the proceeding by attachment at law; for that doctrine applies only to cases where the complainant’s demand is equitable, or there is some special cause for
The decree of the chancellor must be reversed, and a decree must be here rendered, dismissing the bill, without prejudice, at the costs of the appellee.