McLean v. Wright
Supreme Court of Alabama
Apj'kal from the Circuit Court of Lee. Tried before the Hon. A. A. Evans. This action was brought by the: appellant, Mrs. M. C. McLain, against, W. W. Wright, and W. B. Gullatt and T. K. Whitman, who sued to recover. damages for the breach of an attachment bond. The complaint, as amended, contained two counts. Under the opinion on the present appeal it is only necessary to refer to the sev.md count.
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Apj'kal from the Circuit Court of Lee. Tried before the Hon. A. A. Evans. This action was brought by the: appellant, Mrs. M. C. McLain, against, W. W. Wright, and W. B. Gullatt and T. K. Whitman, who sued to recover. damages for the breach of an attachment bond. The complaint, as amended, contained two counts. Under the opinion on the present appeal it is only necessary to refer to the sev.md count. In this' count the plaintiff set out the attachment bond in the body of which, only the name of W. W. Wright as obligor, appeared. Thisi bond, however, was signed by all of the defendants. This…
1Opinion of the CourtTyson, J.
This action is brought upon an attachment bond, and seeks to recover damages for an alleged breach of it. The complaint as originally framed contained only onei count. 'That count was amended as was the complaint by the addition of a second count, A demurrer to both counts was sustained and, plaintiff declining to plead over, judgment was entered for defendant. Appellant's counsel in their argument only insist upon the sufficiency of the adder! or second count. The bond, the foundation of the suit, is set out in full as also is the affidavit upon which the writ of attachment was procured. In…
2Cases cited3 opinions
- Grimmet v. Henderson's Adm'rSupreme Court of Alabama · 1880
- Zechman v. HaakWisconsin Supreme Court · 1893
- Brown v. TidrickSouth Dakota Supreme Court · 1901
3Cited by4 opinions
- Heine v. WrightCalifornia Court of Appeal · 1926
- Commercial Acceptance Trust v. ParmerCourt of Appeals of Texas · 1922
- Thompson v. . DillinghamSupreme Court of North Carolina · 1922
- Ross-Higgins Co. v. ProtzmanCourt of Appeals for the Ninth Circuit · 1922