Shepherd & Gordon v. Spriggs
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Edmund W. Pettus. This action was instituted by the appellants, who are nonresidents, and was commenced by attachment; the condition of the attachment bond being, that “ the said Shepherd & Gordon shall prosecute said attachment with effect, or, failing therein, pay the defendant all such costs and damages as he may sustain for the wrongful suing out of such attachment.”
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Appeal from the Circuit Court of Madison. Tried before the Hon. Edmund W. Pettus. This action was instituted by the appellants, who are nonresidents, and was commenced by attachment; the condition of the attachment bond being, that “ the said Shepherd & Gordon shall prosecute said attachment with effect, or, failing therein, pay the defendant all such costs and damages as he may sustain for the wrongful suing out of such attachment.” At the trial term, the defendant moved to dismiss the suit, because no security for costs had been given ; which motion was resisted, on the ground that, if •…
1Opinion of the CourtStone, J.
-We had occasion to consider the question presented by this record, in Ex parte Robbins, at the June term, 1856. We there held, that security for costs was required in suits commenced by original attachment, as well as those commenced by summons. — Ante, p. 71.
In that case, the attachment bond was conditioned'to pay the defendant all damages, which he might sustain by the wrongful suing out of the attachment. In this case, the condition is, that the plaintiffs, if they fail in the successful prosecution of their suit, will pay the defendant all such costs and damages as he may sustain for the…
2Cited by2 opinions
- Garrett & Bibb v. TerrySupreme Court of Alabama · 1859
- Douglass v. Montgomery & West Point RailroadSupreme Court of Alabama · 1861