Gill v. Downs , 26 Ala. 670 ( 1855 )

CHILTON, C. J.

—The only error assigned is, that the court refused the motion to quash the attachment. Such refusal cannot be questioned on error : neither is a motion to quash the remedy in such cases.—Jordan v. Hazard, 10 Ala. 221-6. But, if it were, the defendant waived it, by failing to make it at the first term of the court, and. by afterwards appearing and pleading to the merits.—Burroughs v. Wright, 3 Ala. 43.

Judgment affirmed.