Bradford v. Lawrence

To maintain an action under Code, § 2966, for the malicious suing out of an attachment, ill will or vindictiveness need not be proved, but only the want of probable cause coupled with the unlawful act of suing out the writ. Durr v. Jackson, 59 Ala. 203; Jackson v. Smith, 75 Ala. 97; City Nat. Bank v. Jeffries, 73 Ala. 183.

Defendant’s contention is that he has proved the^ existence of probable cause for suing out the attachment, as a matter of law, by showing that it was honestly done upon the advice of learned legal counsel, based upon a full and fair statement of all the facts made by…