Stetson v. Goldsmith
Supreme Court of Alabama
Appeal from the Circuit Court of Mobile. Tried before the Hon. Thomas A. WaiKER. This action was brought by Meyer Goldsmith, against M. S. Stetson & Co., to recover damages for the wrongful and malicious suing out of an attachment; and was commenced on the 7th January, 1856. The defendant pleaded not guilty, in short by consent; and issue was joined on this plea.
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Appeal from the Circuit Court of Mobile. Tried before the Hon. Thomas A. WaiKER. This action was brought by Meyer Goldsmith, against M. S. Stetson & Co., to recover damages for the wrongful and malicious suing out of an attachment; and was commenced on the 7th January, 1856. The defendant pleaded not guilty, in short by consent; and issue was joined on this plea. The facts disclosed on the trial are thus stated in the bill of exceptions : “The defendants offered in evidence, in justification of the taking of the goods complained of, an attachment issued by the clerk of the city court of…
1Opinion of the CourtStone, J.
It will be borne in mind, tbat no question is raised by this record on tbe admissibility of the declarations of Mrs. Goldsmith, made in the presence and hearing of her husband, the plaintiff. The bill of exceptions discloses that the defendants made preliminary proof of the wife’s declarations, in the presence of her husband, to the effect that she claimed some interest in the goods which had been attached and sold. The defendants then offered to read in evidence a bill in chancery, filed by Mrs. Goldsmith, against these defendants, Mr. Goldsmith, and others. This bill was filed with the…
2Cases cited9 opinions
- Adams v. M'MillanSupreme Court of Alabama · 1838
- Higgins v. WhitneyNew York Supreme Court · 1840
- Hare v. FullerSupreme Court of Alabama · 1845
- Duckworth v. JohnstonSupreme Court of Alabama · 1845
- Kelley v. MunsonMassachusetts Supreme Judicial Court · 1811
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3Cited by4 opinions
- Potts v. First National BankSupreme Court of Alabama · 1893
- Martin v. StateAlabama Court of Appeals · 1923
- Cooley v. StateSupreme Court of Alabama · 1876
- Richardson v. StateSupreme Court of Alabama · 1920