Lane v. Alabama Penny Savings Bank
Supreme Court of Alabama
Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by W. H. Lane .against the Alabama Penny Savings Bank and another for damages growing out of an attachment proceeding. Prom a judgment sustaining demurrers to the complaint, plaintiff appeals.
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Appeal from Birmingham City Court. Heard before Hon. John H. Miller. Action by W. H. Lane .against the Alabama Penny Savings Bank and another for damages growing out of an attachment proceeding. Prom a judgment sustaining demurrers to the complaint, plaintiff appeals. The following are the counts of the complaint: (3) Plaintiff claims of defendant the sum or $3,000 damages, for that on, to wit, the 14th day of November, 1910, the servant, agent, or employee of defendants, while acting within the line or scope of his employment, falsely made an affidavit, in substance, that this plaintiff was…
1Opinion of the Court
McCLELLAN, j.
The only questions presented are the propriety of the court’s action in sustaining demurrers to counts 3, 4, and 5 of the amended complaint. The best of these counts avers, at most, the wrongful causing or procuring the issuance of a writ of attachment against plaintiff’s property as the result of a false and fraudulent affidavit, and the allegation of damage in consequence. This action is not on the attachment bond.
In order to sufficiently assert an action on the ease for a Avrong inflicted by recourse to legal process of the character described in the complaint, these…
2Cases cited7 opinions
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Brown v. MasterSupreme Court of Alabama · 1894
- Tucker v. AdamsSupreme Court of Alabama · 1875
- Seay v. GreenwoodSupreme Court of Alabama · 1852
- Dickson v. BachelderSupreme Court of Alabama · 1852
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Allison-Russell-Withington Co. v. SommersSupreme Court of Alabama · 1929
- McCarty v. WilliamsSupreme Court of Alabama · 1924
- Cairns v. MooreSupreme Court of Alabama · 1915
- Goldstein v. NoblesSupreme Court of Alabama · 1916