Pollock & Co. v. Gantt
Supreme Court of Alabama
' Appeal from Conecuh Circuit Court. Tried before Hon. John P. Hubbaril This was an action by M. A. Gantt, the appellee, against J. Pollock and others, the appellants; was commenced on 18th July, 1881, and was founded on a bond executed by the appellants to procure an attachment in favor of Pollock & Co. against the appellee.
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' Appeal from Conecuh Circuit Court. Tried before Hon. John P. Hubbaril This was an action by M. A. Gantt, the appellee, against J. Pollock and others, the appellants; was commenced on 18th July, 1881, and was founded on a bond executed by the appellants to procure an attachment in favor of Pollock & Co. against the appellee. The attachment was sued out by one Weil as the agent of Pollock & Co. on the 13th April, 1881, and was levied on the next day thereafter by the sheriff of Conecuh county, on a stock of goods, wares and merchandise belonging to the appellee. On the trial the plaintiff in…
1Opinion of the CourtStone, J.
The present is a suit by a merchant, and complains that Pollock & Oo. wrongfully and vexatiously sued out .an attachment against him, and procured it to be levied on his stock of merchandise. The suit is on the bond given to procure the attachment. The special ground of the attachment was, “ that the said M. A. Gantt has moneys, property or effects liable to satisfy his debts, which he fraudulently withholds.” Two other attachments had been previously, but on the same day, sued out against Gantt by other creditors, and had been levied on the same stock of merchandise. The ground on which…
2Cases cited9 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Bolling v. TateSupreme Court of Alabama · 1880
- Culver v. HillSupreme Court of Alabama · 1880
- Higgins v. MansfieldSupreme Court of Alabama · 1878
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3Cited by53 opinions
- Burns v. CampbellSupreme Court of Alabama · 1882
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- Street v. SinclairSupreme Court of Alabama · 1881
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