50 Ala. 66 | Ala. | 1873
The suit was by the appellee against the appellants, on an attachment bond. William Swanner commenced suit against the appellee, to recover rent and advances to make a crop, by attachment, on the ground that he had removed a portion of the crop without the consent of the landlord.. He pleaded first in abatement, and then in bar of this suit, the pendency of the attachment suit; but the court, on motion, struck out both pleas. There was no erroi; in this, because the statute (R. C. § 2992) expressly authorizes a suit to be commenced on the bond before the attachment suit is determined.
The judgment is reversed, and the cause remanded.