Hemingway v. Garth
Supreme Court of Alabama
Appeal from the Law and Equity Court of Lawrence. Tried before the Hon. James S. Clark. This was an action on •the case to recover damages for the wrongful and malicious suing out of an attachment, and was instituted by Edward Garth against G. G. Hemingway. The defendant pleaded, that the attachment was not sued out wrongfully, maliciously, nor without probable cause; and the cause was tried on issue joined on that plea.
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Appeal from the Law and Equity Court of Lawrence. Tried before the Hon. James S. Clark. This was an action on •the case to recover damages for the wrongful and malicious suing out of an attachment, and was instituted by Edward Garth against G. G. Hemingway. The defendant pleaded, that the attachment was not sued out wrongfully, maliciously, nor without probable cause; and the cause was tried on issue joined on that plea. The attachment was sued out before one W. J. Gibson, a justice of the peace, and was returnable before him; and the court allowed the plaintiff, after proving by said Gibson…
1Opinion of the CourtBrickell, J.
To support the plaintiff’s action, it was necessary to give evidence of an attachment, affidavit, and bond, corresponding substantially with the averments of the complaint. The affidavit was made before a justice of the peace, and the attachment was returnable before him. The loss of the original having been proved, the plaintiff was entitled to give secondary evidence of them. Ware v. Robertson, 18 Ala. 105; Bullock v. Ogburn, 13 Ala. 346.
2, 3. In the case of Campbell v. State (23 Ala. 76), this *532court, after a careful examination of the authorities, arrived at the. conclusion, that it is…
2Cases cited4 opinions
- Campbell v. StateSupreme Court of Alabama · 1853
- Bullock v. OgburnSupreme Court of Alabama · 1848
- Ware v. RobersonSupreme Court of Alabama · 1850
- Scott v. StateSupreme Court of Alabama · 1861
3Cited by28 opinions
- Selover v. BryantSupreme Court of Minnesota · 1893
- Conway v. StateIndiana Supreme Court · 1889
- Alabama Power Co. v. HallSupreme Court of Alabama · 1925
- White v. StateSupreme Court of Alabama · 1888
- Allen v. StateSupreme Court of Alabama · 1973
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