Schuessler v. Still
Supreme Court of Alabama
Action on Attachment Bond. Appeal from Chambers Circuit Court. Heard before Hon. S. L. Brewer. ' Action by J. T. Still, Jr., against Charles Schuessler &" Sons and others on an attachment bond. From a judgment for plaintiff, defendants appeal.
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Action on Attachment Bond. Appeal from Chambers Circuit Court. Heard before Hon. S. L. Brewer. ' Action by J. T. Still, Jr., against Charles Schuessler &" Sons and others on an attachment bond. From a judgment for plaintiff, defendants appeal. The complaint was as follows: “The plaintiff claims of -defendant * * * for the breach of the condition of a bond. * * *” And plaintiff says the conditions of the said bond have been broken by tbe defendants in this: (1) The defendants, the complainants in said bill, have not paid the plaintiff all damages which he has sustained by the wrongful or…
1Opinion of the CourtAnderson, J.
It was incumbent upon the plaintiff to aver a breach of the bond in plain and unambiguous terms. The present complaint avers, only bv way *241of inference, that the writ was vexatiously or wrongfully sued out, and was subject to the defendants’ demurrer.
In an action on the bond, wherein counsel fees are claimed as special damages, it is not sufficient to aver merely the employment of an attorney, but he must have rendered service in defending the suit. — Trammell v. Ramage, 97 Ala. 666, 11 South. 916; Baldwin v. Walker, 94 Ala. 514, 10 South. 391. And the plaintiff must have incurred a liability…
2Cases cited2 opinions
- Baldwin v. WalkerSupreme Court of Alabama · 1891
- Trammell v. RamageSupreme Court of Alabama · 1892
3Cited by1 opinion
- Penney v. BurnsSupreme Court of Alabama · 1935