Roberts v. Heim
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. G. W. Rapier. This action was brought by Jacob Heim against John Roberts, to recover damages for the defendant’s wrongful act in causing an attachment’against Frederic Heim to be levied on plaintiff’s goods, whereby plaintiff was compelled to institute an action at law for their recovery, in the prosecution of which he necessarily expended a large sum of money, and sustained great loss in his credit and business…
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Appeal from the Circuit Court of Mobile. Tried before the Hon. G. W. Rapier. This action was brought by Jacob Heim against John Roberts, to recover damages for the defendant’s wrongful act in causing an attachment’against Frederic Heim to be levied on plaintiff’s goods, whereby plaintiff was compelled to institute an action at law for their recovery, in the prosecution of which he necessarily expended a large sum of money, and sustained great loss in his credit and business by the withdrawal of the same from his stock in trade, and was thereby prevented from making an intended increase and…
1Opinion of the CourtGolbthwaite, J.
The action was for causing an attachment against Frederic Heim to bo levied on the goqds of the appellee. The appellant, who was the defendant below, pleaded in abatement the non-joinder of Frederic Heim ; alleging, that he and the plaintiff were partners, and as such joint owners of the property levied on. Pleas of this character are not viewed with favor, and the rule requires that every inference, however slight, should be repelled. Construing it most strongly against the pleader, and in the absence of any averment to that effect, we cannot say, with certainty, that the person whose…
2Cases cited7 opinions
- Chamberlain v. GaillardSupreme Court of Alabama · 1855
- Marshall v. BetnerSupreme Court of Alabama · 1850
- Winston v. EwingSupreme Court of Alabama · 1840
- Anthony v. GilbertIndiana Supreme Court · 1837
- Woert v. JenkinsNew York Supreme Court · 1817
2 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Gould v. Evansville & Crawfordsville R. Co.Supreme Court of the United States · 1876
- South & North Ala. Railroad v. McLendonSupreme Court of Alabama · 1879
- Burns v. CampbellSupreme Court of Alabama · 1882
- Baker v. State ex rel. MillsIndiana Supreme Court · 1887
- Weinhagen v. HayesWisconsin Supreme Court · 1922
22 more not listed; retrieve them via the Exa API.