Copeland & Brantley v. Cunningham
Supreme Court of Alabama
Appeal from the Circuit Court of Pike. Tried before the Hon. H. D. Clapton. This action was brought by John Cunningham, against Copeland & Brantley as partners, to recover damages for the breach of an attachment bond, which the said Copeland & Brantley had executed in an attachment suit instituted by them against said Cunningham.
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Appeal from the Circuit Court of Pike. Tried before the Hon. H. D. Clapton. This action was brought by John Cunningham, against Copeland & Brantley as partners, to recover damages for the breach of an attachment bond, which the said Copeland & Brantley had executed in an attachment suit instituted by them against said Cunningham. The condition of the bond was, that said Copeland & Brantley “shall prosecute said attachment with effect, and pay the said defendant all such damages as he may sustain by the wrongful or vexatious suing out of said attehment.” The bond was dated the 10th day of…
1Opinion of the CourtStone, J.
Burton v. Smith, 49 Ala. 293, was a suit on an attachment bond; and it was ruled in that case, that the plaintiff was entitled to recover reasonable attorney’s fees for bringing the suit on the bond. No authorities holding the same doctrine were cited in support of the ruling. The condition, or defeasance of an attachment bond, is to “prosecute the attachment to effect, and pay the defendant all such damages as he may sustain from the wrongful or vexatious suing out of such attachment.” — Code of 1876, § 3256. A suit on such bond is an ordinary suit on a contract, for its breach, and must be…
2Cases cited16 opinions
- Sanford v. HowardSupreme Court of Alabama · 1857
- Garnett v. YoeSupreme Court of Alabama · 1849
- Harbinson v. HarrellSupreme Court of Alabama · 1851
- Pounds v. HamnerSupreme Court of Alabama · 1876
- Williamson v. WoolfSupreme Court of Alabama · 1861
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Lide v. StateSupreme Court of Alabama · 1901
- Washington v. TimberlakeSupreme Court of Alabama · 1883
- Woodstock Iron Works v. StockdaleSupreme Court of Alabama · 1904
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- St. Joseph Stock Yards Co. v. LoveUtah Supreme Court · 1921
11 more not listed; retrieve them via the Exa API.