Jones v. Kirksey
Supreme Court of Alabama
Writ of Error to the Circuit Court of Talladega. Action on the case, by Jones against Kirksey, for maliciously suing out an attachment, on the ground that Jones was about to dispose of his property, fraudulently, with intent to avoid the payment of the debt due to Kirksey. The defendant pleaded the general issue, and also that the plaintiff, when the attachment was sued out, was about to remove himself and property out of the State of Alabama..
Read the full summary
Writ of Error to the Circuit Court of Talladega. Action on the case, by Jones against Kirksey, for maliciously suing out an attachment, on the ground that Jones was about to dispose of his property, fraudulently, with intent to avoid the payment of the debt due to Kirksey. The defendant pleaded the general issue, and also that the plaintiff, when the attachment was sued out, was about to remove himself and property out of the State of Alabama.. At the trial on these pleas, the plaintiff, after showing [the suing out of the attachment, its levy on his property, and a judgment in that suit for…
1Opinion of the CourtGoldthwaite, J.
There is some apparent conflict in the cases bearing on the principal question presented in this case. It seems to have been held in New York, that the recovery in a civil suit is not conclusive that there was probable cause for arresting the defendant. [Burt v. Place, 4 Wend. 501.] But on looking into,, the facts of that case, it will be seen the recovery was before an inferior court, and that it was afterwards reversed and judgment eventually given for the defendant. Under these circumstances, the decision seems to be entirely proper, because the effect of the first judgment was entirely…
2Cases cited2 opinions
- Gillespie v. SplahnIndiana Superior Court · 1872
- Witt v. FollettNew York Supreme Court · 1830
3Cited by8 opinions
- Joy Laskar, PH.D. v. Phillip W. HurdCourt of Appeals for the Eleventh Circuit · 2020
- Ross v. HixonSupreme Court of Kansas · 1891
- Durr v. JacksonSupreme Court of Alabama · 1877
- Seay v. GreenwoodSupreme Court of Alabama · 1852
- Penney v. WarrenSupreme Court of Alabama · 1927
3 more not listed; retrieve them via the Exa API.