Baxley v. Segrest
Supreme Court of Alabama
Appeal from the Circuit Court of Macon. Tried before the Hon. James W. Lapsley. Tbis action was brought by G. W. Segrest, against J. H. Baxley and others, to recover damages for the wrongful and vexatious suing out of an attachment against said Segrest, at the suit of said Baxley, the other defendants being sureties on the attachment bond. The attachment bond, on which the suit was founded, was dated the 14th December, 1887, and was conditioned in the words of the statute.
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Appeal from the Circuit Court of Macon. Tried before the Hon. James W. Lapsley. Tbis action was brought by G. W. Segrest, against J. H. Baxley and others, to recover damages for the wrongful and vexatious suing out of an attachment against said Segrest, at the suit of said Baxley, the other defendants being sureties on the attachment bond. The attachment bond, on which the suit was founded, was dated the 14th December, 1887, and was conditioned in the words of the statute. The attachment was sued out on the ground, as expressed in the affidavit, “that the said G. W. Segrest has fraudulently…
1Opinion of the CourtClopton, J.
The appellant sued out an attachment against the estate of appellee, under sections 2929-2930 of the Code, 1886. The ground upon which the attachment was issued is, as set forth in the preliminary affidavit, that appellee “has fraudulently disposed of some of his property.” It is an ordinary original attachment, sued out for the collection of a debt, without reference to any relation between the parties, other than creditor and debtor, and creating a lien on the property seized; which we shall term a general attachment, for the purpose of distinguishing it from attachments authorized for the…
2Cases cited4 opinions
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Lockhart v. WoodsSupreme Court of Alabama · 1863
- Knowles v. SteedSupreme Court of Alabama · 1885
- Reynolds v. CulbreathSupreme Court of Alabama · 1848
3Cited by2 opinions
- Brown v. MasterSupreme Court of Alabama · 1894
- Harris v. WhiteSupreme Court of Alabama · 1924