Hale v. Helms
Alabama Court of Appeals
Appeal from Circuit Court, Cherokee County ; W. W. Haralson, Judge. Action by Bale Helms against A. L. Hale and others for wrongful'and malicious suing out of an attachment. Judgment for plaintiff, and defendants appeal.
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Appeal from Circuit Court, Cherokee County ; W. W. Haralson, Judge. Action by Bale Helms against A. L. Hale and others for wrongful'and malicious suing out of an attachment. Judgment for plaintiff, and defendants appeal. The action was on an attachment bond made by A. L. Hale as the basis of an attachment against Bale Helms for rent; the suit being in the sum of $150. The defendant 1-Iale offered as a plea the fact that at the time the action was commenced Helms was indebted to him for use and for occupation and for rent for the year 1016 for certain lands described in the plea, which he…
1Opinion of the CourtBrown, P. J.
[1] The appellant’s motion to strike from the bill of exceptions the,deed purporting to have been executed by W. J. Hale to the appellant A. L. Hale must be granted. On the submission of the case on the motion and the merits, the original bill of exceptions was Offered as evidence in proof of the averments of the motion, and we find from an inspection of the original bill of exceptions that the deed was not attached to it as an exhibit, and the recital in the bill of exceptions as authority for incorporating this paper in the record is in .these words :
“Defendant here offered in evidence a…
2Cases cited9 opinions
- Going v. Alabama Steel & Wire Co.Supreme Court of Alabama · 1904
- Tankersly v. PettisSupreme Court of Alabama · 1881
- Glasser, Kuder & Ottensosser v. MeyrovitzSupreme Court of Alabama · 1898
- Wood v. WoodSupreme Court of Alabama · 1901
- Drinkard v. OdenSupreme Court of Alabama · 1907
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