Griffin v. Ganaway
Supreme Court of Alabama
Writ of Error to the County Court of Talladega. This was an action on the case, at the suit of the defendant in error, to recover damages of the plaintiff, for the failure to levy an attachment placed in his hands, as sheriff, on the 27th of October, 1841, in favor of the former,'against the estate of Shelton Kenncrly, on a sufficiency of property to satisfy the same. [See this case when previously here, reported in 6 Ala.
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Writ of Error to the County Court of Talladega. This was an action on the case, at the suit of the defendant in error, to recover damages of the plaintiff, for the failure to levy an attachment placed in his hands, as sheriff, on the 27th of October, 1841, in favor of the former,'against the estate of Shelton Kenncrly, on a sufficiency of property to satisfy the same. [See this case when previously here, reported in 6 Ala. Rep. 148.] The cause was tried on the general issue, and other pleas, a verdict was returned in favor of the plaintiff for $92 SO, and judgment rendered accordingly. On the…
1Opinion of the CourtCollier, C. J.
The true measure of damages in this case *627is, the injury which the plaintiff sustained by the neglect of the defendant to levy the attachment on a sufficiency of property to satisfy the judgment consequent thereupon. It is fairly inferri-ble from the evidence, that the horse levied on would not, at a forced sale, have sold for a sum equal to that for which the action was brought, to say nothing of the expense of keeping such property before it is replevied, and other costs. If as much of the estate of the defendant in attachment, making a proper allowance for depreciation in price, costs and…
2Cited by2 opinions
- Yarbrough v. ArnoldSupreme Court of Arkansas · 1859
- Levens v. StateAlabama Court of Appeals · 1912