Goodbar v. Lindsley
Supreme Court of Arkansas
APPEAL from Mississippi Circuit Court. J. E. Riddick, Judge. Appellants were liable only for nominal damages. The goods were not sold under their attachment, but under the executions. The judgment creditors had a right to issue executions when they saw proper.
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APPEAL from Mississippi Circuit Court. J. E. Riddick, Judge. Appellants were liable only for nominal damages. The goods were not sold under their attachment, but under the executions. The judgment creditors had a right to issue executions when they saw proper. No man can be held liable for inducing another to do a lawful act. 34 Ark., 710; 37 Id., 620. But even if appellants were liable, there must be a separate action. 34 Ark., 710. No damages actually resulted from the levy of the attachment. The property was already levied on under executions and was sold to satisfy same. 37 Ark., 605, An…
1Opinion of the CourtCockrill, C. J.
Goodbar & Co. sued out an attachment against Lindsley in an action at law, but failing to sustain their cause in that behalf, damages were assessed in the same proceeding as authorized by the statute, against them and their sureties in the attachment bond., for the wrongful issue of the attachment. The question presented by the appeal is, does the evidence sustain the assessment of damages?
The attachment went into the hands of the sheriff, simultaneously with two executions which had been issued upon judgments recovered by other creditors against the attachment defendant. The three writs were…
2Cases cited1 opinion
- Marqueze v. SontheimerMississippi Supreme Court · 1882
3Cited by7 opinions
- Romer v. LeynerSupreme Court of Arkansas · 1955
- Bank of Yellville v. Scott (In Re Scott)United States Bankruptcy Court, W.D. Arkansas · 1990
- Sloan v. Thomas Manufacturing Co.Nebraska Supreme Court · 1899
- Evans v. Ozark Orchard Co.Supreme Court of Arkansas · 1912
- Sonsee v. Jones & GreenSupreme Court of Arkansas · 1923
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