Sharpe v. Hunter
Supreme Court of Alabama
Error to the Circuit Court of Russell. Tried before the Hon. J; J. Woodward. This was an action of debt instituted by the defendant against the plaintiffs in error on an attachment bond.
Read the full summary
Error to the Circuit Court of Russell. Tried before the Hon. J; J. Woodward. This was an action of debt instituted by the defendant against the plaintiffs in error on an attachment bond. It appears by the bill of exceptions that in 1846, the plaintiff in error, Sharpe, sued out an attachment against the defendant in error, and caused it to be levied on a negro woman and child, who were committed to jail and there confined for eight months; that at the timé of the suing out of said attachment both the parties to it resided in the State of Georgia, and that the affidavit was defective in not…
1Opinion of the CourtChilton, J.
The point involved in this case is not free from difficulty. It is this: If just ground for an attachment exists, and one is sued out, but is afterwards abated, upon the *767plea bf the defendant, for informality in the affidavit upon which it issued, is the plaintiff in the attachment liable in damages upon his bond, and if so, whether -for the actual damage sustained, or merely for nominal damages. The court below held that he was liable for the actual damage.
The condition of the bond declared bn is, “that the plaintiff should prosecute his attachment to effect, and pay the defendant all such…
2Cases cited2 opinions
- Kirksey v. JonesSupreme Court of Alabama · 1845
- McCullough v. WaltonSupreme Court of Alabama · 1847
3Cited by15 opinions
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Durr v. JacksonSupreme Court of Alabama · 1877
- State ex rel. Clifford v. BeldsmeierSupreme Court of Missouri · 1874
- Dothard v. SheidSupreme Court of Alabama · 1881
- Lockhart v. WoodsSupreme Court of Alabama · 1863
10 more not listed; retrieve them via the Exa API.