Floyd v. Hamilton
Supreme Court of Alabama
Appeal from the Circuit Court of Autauga. Tried before the Hon. C. W. Rapier. This action was brought by Andrew J. Eloyd, against John T. Hamilton and others, and was founded on an attachment bond executed by the defendants, for the purpose of procuring an attachment at the suit of said Hamilton against the estate of said Eloyd, conditioned that “ the said Hamilton shall prosecute his attachment to effect, and pay the defendant all such costs and damages as he may sustain by…
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Appeal from the Circuit Court of Autauga. Tried before the Hon. C. W. Rapier. This action was brought by Andrew J. Eloyd, against John T. Hamilton and others, and was founded on an attachment bond executed by the defendants, for the purpose of procuring an attachment at the suit of said Hamilton against the estate of said Eloyd, conditioned that “ the said Hamilton shall prosecute his attachment to effect, and pay the defendant all such costs and damages as he may sustain by the wrongful or vexatious suing out of said attachment.” On the trial, the plaintiff reserved several exceptions to the…
1Opinion of the Court
WALKER,’J.
The circuit court erred, in admitting evidence of the instructions of the attorney of the plaintiff in attachment, to the deputy sheriff, “ that he might leave the property levied on as he found it until the sheriff came, but to stay there and watch the property.” These instructions were but the declarations of a third person, and inadmissible to establish any fact in the case. They may have conduced to show the absence of malice in the attorney, who represented the plaintiff in attachment, in the procurement of thejarocess; but the plaintiff in attachment was not responsible for…
2Cases cited3 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Kirksey v. JonesSupreme Court of Alabama · 1845
- McCullough v. WaltonSupreme Court of Alabama · 1847
3Cited by14 opinions
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Durr v. JacksonSupreme Court of Alabama · 1877
- Allison-Russell-Withington Co. v. SommersSupreme Court of Alabama · 1929
- Phillips v. MorrowSupreme Court of Alabama · 1923
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