Campbell v. Hopkins
Supreme Court of Alabama
Appeal from the Circuit Court of Madison. Tried before the Hon. Henry C. Speake. This action was brought by Frank W. Hopkins, against Allen R. Campbell and Archibald Campbell, to recover damages for the wrongful and vexatious suing out of an attachment, as alleged; and was commenced on the 24th December, 1884. The defendants pleaded “the general issue, in short by consent, yith leaye to give any special matter in evideuce,” and issue was joined on this plea.
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Appeal from the Circuit Court of Madison. Tried before the Hon. Henry C. Speake. This action was brought by Frank W. Hopkins, against Allen R. Campbell and Archibald Campbell, to recover damages for the wrongful and vexatious suing out of an attachment, as alleged; and was commenced on the 24th December, 1884. The defendants pleaded “the general issue, in short by consent, yith leaye to give any special matter in evideuce,” and issue was joined on this plea. Under the rulings of the court, in the matter of charges given and refused, the plaintiff had a verdict and judgment for $2,572. The…
1Opinion of the CourtStone, C. J.
The present suit was by Hopkins against Campbell et al., for wrongfully and vexatiously suing out an. attachment, under which the former’s merchandise and other chattels were levied on and sold.
The following facts are clearly proved, and are undisputed: Mallory, Crawford & Co. were wholesale merchants, doing business in Memphis, Tennessee. Hopkins was their customer, and was a retail merchant, doing business at Greenbrier, Limestone county, Alabama. He was financially embarrassed, or cramped, at the opening of the year 1884, and made an agreement with Mallory, Crawford and Co., hereafter…
2Cases cited7 opinions
- Lukins v. AirdSupreme Court of the United States · 1867
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Lehman, Durr & Co. v. Kelly & Bro.Supreme Court of Alabama · 1880
- Levy & Co. v. WilliamsSupreme Court of Alabama · 1885
- Sims v. GainesSupreme Court of Alabama · 1879
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3Cited by2 opinions
- Lowery v. StateSupreme Court of Alabama · 1893
- Birmingham Trust & Savings Co. v. SheltonSupreme Court of Alabama · 1935