Allison-Russell-Withington Co. v. Sommers

This cis an action on the case for damages resulting from the issuance of garnishment on a judgment under Code, §§ 8052, 8053, and service of the writ on the employer of the judgment debtor, plaintiff in this case.

Count 1 of the complaint charges merely that the garnishment was “wrongfully” sued out, etc.

A rather interesting judicial history attends such actions in this state.

In the early case of Kirksey v. Jones, 7 Ala. 622 citing and following the still earlier case of Wilson v. Outlaw, Minor 367, it was declared that our statute requiring the execution of an attachment bond conditioned to…