Hudson v. Howlett
Supreme Court of Alabama
[ACTION ON THE CASE FOE WRONGFUL AKD MALICIOUS ATTACHMENT.] Appeal from the Circuit Court of Dallas. Tried before the Hon. Bobekt Dousiieety.
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[ACTION ON THE CASE FOE WRONGFUL AKD MALICIOUS ATTACHMENT.] Appeal from the Circuit Court of Dallas. Tried before the Hon. Bobekt Dousiieety. This action was brought by Edwin M. Howlett against Philip P. Hudson, to recover damages for the wrongful and malicious suing out of an attachment, and was commenced in November, 1852. The attachment was sued out on the ground that the defendant was about to remove from the State, so that the ordinary process of law could not be served on him. The plaintiff read in evidence on the trial the deposition of one Booker, the justice of the peace by whom the…
1Opinion of the CourtStone, J.
After the plaintiff had read in evidence to the jury the direct and cross examination of the witness Booker, and, among other things, that portion which said, “ the recovery of his money was all that the defendant (Hudson) seemed desirous of, or expressed any wish *480to deponent to do,” it was improper to permit him to withdraw a portion of said statement, and leave the balance before the jury. True, this evidence was not, in the form in which the witness expressed it, a simple admission, or attempt at a reiteration of what Hudson had said. The portion, however, which was excluded was of that…
2Cases cited3 opinions
- McLean v. StateSupreme Court of Alabama · 1849
- McCreary v. TurkSupreme Court of Alabama · 1856
- Lyde v. TaylorSupreme Court of Alabama · 1850
3Cited by3 opinions
- Neal v. FieldSupreme Court of Georgia · 1882
- Metcalf v. YoungSupreme Court of Alabama · 1869
- Standard Talking Machine Co. v. D. O. Matthews Supply Co.Alabama Court of Appeals · 1912