McKellar v. Couch
Supreme Court of Alabama
Appeal from the Circuit Court of Dallas. Tried before the lion. Wm. M. Brooes. This action was brought by Wilson H. Couch, against J. D. W. McKellar, to recover damages for%ie defendant’s act in “ wrongfully, maliciously and vexatiously suing out an attachment against plaintiff.” The defendant pleaded tbe general issue, “with leave to give in evidence any matter which could be specially pleadedand the cause was tried on issue joined on that plea.
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Appeal from the Circuit Court of Dallas. Tried before the lion. Wm. M. Brooes. This action was brought by Wilson H. Couch, against J. D. W. McKellar, to recover damages for%ie defendant’s act in “ wrongfully, maliciously and vexatiously suing out an attachment against plaintiff.” The defendant pleaded tbe general issue, “with leave to give in evidence any matter which could be specially pleadedand the cause was tried on issue joined on that plea. All the evidence adduced on the trial, and the several rulings of the court to which exceptions were reserved by the defendant, are set out in the…
1Opinion of the Court
E. W. WALKEN, J.:
The principal question in this case is, whether an action on the case will lie to recover the damages sustained by the mere wrongful suing out of an attachment.
By the ancient common law, no person could prosecute a civil action, without having in the first stage of it two or moi’e persons as pledges of prosecution; and if he failed in his suit, an amerciament, or fine to the king, was imposed on him. But this guard against unjust suits at length lost all its vigor, and evaporated into mere form; and in its stead, by various statutes, costs to the defendant were substituted.…
2Cases cited15 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Ex parte BanksSupreme Court of Alabama · 1856
- Duramus v. HarrisonSupreme Court of Alabama · 1855
- Berley v. RampacherThe Superior Court of New York City · 1856
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Brown v. MasterSupreme Court of Alabama · 1894
- Tucker v. AdamsSupreme Court of Alabama · 1875
- Allison-Russell-Withington Co. v. SommersSupreme Court of Alabama · 1929
- McCarty v. WilliamsSupreme Court of Alabama · 1924
- Copeland & Brantley v. CunninghamSupreme Court of Alabama · 1879
7 more not listed; retrieve them via the Exa API.