Gabel v. Hammerwell
Supreme Court of Alabama
Appeal from the Circuit Court of Baldwin. Tried before Hon. John Elliott. This was an action brought by the appellant against the appellees, to recover damages for the wrongful and vexatious suing out of an attachment, &c. The affidavit for attachment is not set out in the record, nor does it show the ground on which the attachment was sued out.
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Appeal from the Circuit Court of Baldwin. Tried before Hon. John Elliott. This was an action brought by the appellant against the appellees, to recover damages for the wrongful and vexatious suing out of an attachment, &c. The affidavit for attachment is not set out in the record, nor does it show the ground on which the attachment was sued out. The plaintiff’s amended complaint contains two counts, in each of which he claims of the defendants a specified sum of money, on an attachment bond executed by them, which lie sets out literally. There are two bonds differing from each other in amount…
1Opinion of the CourtB. P. Sappold, J.
The suit was by one plaintiff against two defendants for damages for breaches of two attachment bonds executed by them. There was no error in this. Where the same form of action may be adopted for several distinct injuries, the plaintiff may in general proceed for all in one action, though the several rights af*338fected were derived from different titles. — Obit. Plead, vol. 1, p. 201.
The breaches were sufficiently assigned. One of the conditions of the bonds was, that the obligors would pay-to the defendant in the attachment suit all such damages and costs as he might sustain by the wrongful or…
2Cases cited3 opinions
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Lockhart v. WoodsSupreme Court of Alabama · 1863
- Wood v. BarkerSupreme Court of Alabama · 1860
3Cited by4 opinions
- Brown v. MasterSupreme Court of Alabama · 1894
- Dothard v. SheidSupreme Court of Alabama · 1881
- Hundley v. ChadickSupreme Court of Alabama · 1895
- Painter v. MunnSupreme Court of Alabama · 1897