Forrest v. Collier
Supreme Court of Alabama
ERROR to tbe Circuit Court of Tuskaloosa. Tried before the Hon. Greo. H. Shortridge. This was an action on the case by Collier against Eorrest to recover damages for maliciously suing out seven attachments against the plaintiff. The declaration contained two counts, which are described at sufficient length in the opinion.
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ERROR to tbe Circuit Court of Tuskaloosa. Tried before the Hon. Greo. H. Shortridge. This was an action on the case by Collier against Eorrest to recover damages for maliciously suing out seven attachments against the plaintiff. The declaration contained two counts, which are described at sufficient length in the opinion. The defendant pleaded, 1. Not guilty; 2. That at the time when said attachments were sued out, said Collier was indebted to the said several plaintiffs in attachment in the several sums therein respectively mentioned, and was about to remove his property out of the State,…
1Opinion of the CourtChilton, J.
— This was an action on tbe case by Colber against Forrest, for falsely, maliciously, and fraudulently going before a justice of tbe peace and suing out, as agent for a third person, an attachment against tbe plaintiff, wben be bad no authority from such person to sue out tbe same, and wben execution on tbe demand was suspended by a stay-bond, said Forrest himself being tbe security on said bond.
There is another count, which does not differ materially in its structure, except that it sets out tbe facts with more particularity, and avers that seven judgments were rendered by one Childress, a…
2Cases cited1 opinion
- Ewing v. SanfordSupreme Court of Alabama · 1851
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