McLane v. McTighe
Supreme Court of Alabama
Appeal from the City Court of Selma. Tried before the Hon. Jona. Haralson. Action on attachment bond, by J. H. McLane against J. H. McTighe and others, commenced April 16th, 1888. Demurrer sustained to complaint assigning breach, and judgment on demurrer assigned as error. cited Durr v. Jackson, 59 Ala. 206; Lockhart v. Woods, 38 Ala. 636; Dothard v. Sheid, 69 Ala. 137. cited City Nat.
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Appeal from the City Court of Selma. Tried before the Hon. Jona. Haralson. Action on attachment bond, by J. H. McLane against J. H. McTighe and others, commenced April 16th, 1888. Demurrer sustained to complaint assigning breach, and judgment on demurrer assigned as error. cited Durr v. Jackson, 59 Ala. 206; Lockhart v. Woods, 38 Ala. 636; Dothard v. Sheid, 69 Ala. 137. cited City Nat. Bank v. Jeffries, 73 Ala. 183; Jackson v. Smith, 75 Ala. 97; Flournoy & Épping v. Lyon & Co., 70 Ala. 308; Calhoun v. Han-nan, 87 Ala. 277; Drake on Attachments, § 170; O’ Grady v. Julian, 34 Ala. 88; 1 Greenl.…
1Opinion of the CourtClopton, J.
The bond on which appellant sues, was made by appellees to procure the issue of an attachment, sued out by J. H. McTighe & Co. against his estate, for the sum of $2,046.78; and is conditioned that the plaintiffs in the attachment shall prosecute the same to effect, and pay the defendant therein all such damages as he may sustain by the wrongful or vexatious suing out of the attachment. The complaint, as originally framed, contained two assignments of breach. A demurrer thereto having been sustained, it was amended by striking out the first assignment. A demurrer interposed to the complaint as…
2Cases cited6 opinions
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Durr v. JacksonSupreme Court of Alabama · 1877
- Flournoy & Epping v. Lyon & Co.Supreme Court of Alabama · 1881
- Lockhart v. WoodsSupreme Court of Alabama · 1863
- Hays v. AndersonSupreme Court of Alabama · 1876
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Street v. BrowningSupreme Court of Alabama · 1920
- Hundley v. ChadickSupreme Court of Alabama · 1895
- Bell v. Seals Piano & Organ Co.Supreme Court of Alabama · 1918
- Hamilton v. MaxwellSupreme Court of Alabama · 1898
- Painter v. MunnSupreme Court of Alabama · 1897
5 more not listed; retrieve them via the Exa API.