Seay v. Greenwood
Supreme Court of Alabama
Error to tbe Circuit Court of Barbour. Tried before tbe Hon. John D. Phelan. Tbis was an action on tbe case, by Greenwood against Seay, to recover damages for tbe wrongful and vexatious suing out of sundry attachments by Seay against Greenwood.
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Error to tbe Circuit Court of Barbour. Tried before tbe Hon. John D. Phelan. Tbis was an action on tbe case, by Greenwood against Seay, to recover damages for tbe wrongful and vexatious suing out of sundry attachments by Seay against Greenwood. On tbe trial it was proved, that tbe attachments were all returnable before a justice of tbe peace; that Greenwood defended tbe suits before tbe justice, and judgments having been rendered against him, be took tbe cases by appeal to tbe Circuit Court, and there filed bis pleas, which be afterwards withdrew, and suffered judgment by nil dicit, in…
1Opinion of the CourtGoldthwaite, J.
— The first question presented is, as to the right of the plaintiff below to recover in case for the wrongful suing out of an attachment. The fifth section of the act of 1837 (Clay’s Dig., 61, §32) provides, that when any original attachment shall have been wrongfully or vexatiously issued, the defendant therein may, at any time, commence suit against the plaintiff, and recover any damages he may have sustained, or to which he may be entitled on account thereof, whether the suit be ended or not. The legislature evidently intended, by the enactment of this statute, to make the wrongful suing…
2Cases cited3 opinions
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Marshall v. BetnerSupreme Court of Alabama · 1850
- Jones v. KirkseySupreme Court of Alabama · 1846
3Cited by21 opinions
- Bolling v. TateSupreme Court of Alabama · 1880
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Dothard v. SheidSupreme Court of Alabama · 1881
- Drake v. WebbSupreme Court of Alabama · 1879
- St. Joseph Stock Yards Co. v. LoveUtah Supreme Court · 1921
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