Mobile Furniture Commission Co. v. Little
Supreme Court of Alabama
Appeal from Mobile Circuit Court. Tried before Hon. ¥m. S. Anderson. This action was brought by the Mobile Furniture Commission Co. against J. W. Little and D. R. Burgess as sureties up >n a garnishment bond executed by William Prufrock in aid of a pending suit by him against the appellant. The complaint contained tw) counts, the first alleging that the garnishment was wrongfully sued out, and the second, that it was vexatious as well as wrongful.
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Appeal from Mobile Circuit Court. Tried before Hon. ¥m. S. Anderson. This action was brought by the Mobile Furniture Commission Co. against J. W. Little and D. R. Burgess as sureties up >n a garnishment bond executed by William Prufrock in aid of a pending suit by him against the appellant. The complaint contained tw) counts, the first alleging that the garnishment was wrongfully sued out, and the second, that it was vexatious as well as wrongful. The plaintiff introduced in evidence, the complaint in a' suit against it by Prufrock, claiming. $348150, and the affidavit for a writ of…
1Opinion of the CourtHaralson, J.
The portions of the evidence of the defendant, Prufrock, made the basis of exceptions from 1 to 5, inclusive, were manifestly wrong, and should not have been allowed to go to the jury. In the first and second, the defendant was allowed to testify to his belief of the existence of facts, and in the third, as to his secret, uncommunicated motives or feeling. — Stewart v. The State, 78 Ala. 439 ; McCormick v. Joseph, 77 Ala. 236 ; E. T. V. & G. R. Co. v. Davis, 91 Ala. 615. In the matters reserved in the 4th and 5th assignments, the witness was allowed therein, to state his reasons why…
2Cases cited8 opinions
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
- East Tenn., Va. & Ga. Railway Co. v. DavisSupreme Court of Alabama · 1890
- Marx Bros. v. LeinkauffSupreme Court of Alabama · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Birmingham Water Works Co. v. KeileyAlabama Court of Appeals · 1911
- Richardson v. StateSupreme Court of Alabama · 1906
- Alabama G. S. R. R. v. FlinnSupreme Court of Alabama · 1917
- Liversage v. GibsonSupreme Court of Alabama · 1931
- Walker v. GrahamSupreme Court of Alabama · 1937
3 more not listed; retrieve them via the Exa API.