Jackson v. Smith
Supreme Court of Alabama
Appeal from Macon Circuit .Court. Tried before E. F. LigoN, Esquire, acting as Special Judge. This was an action by F. A. Smith against W. S. Jackson and J. C. Smith, the nature of which is stated in the opinion. The cause was tried on the plea of the general issue, the trial resulting in a verdict and judgment for the plaintiff.
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Appeal from Macon Circuit .Court. Tried before E. F. LigoN, Esquire, acting as Special Judge. This was an action by F. A. Smith against W. S. Jackson and J. C. Smith, the nature of which is stated in the opinion. The cause was tried on the plea of the general issue, the trial resulting in a verdict and judgment for the plaintiff. On the trial, as shown by the bill of exceptions, the plaintiff read in evidence the bond sued on, and the writ issued in pursuance thereof, dated 5th January, 1882, but not the affidavit on which it was issued ; nor is it disclosed by the record on what ground the…
1Opinion of the CourtStone, J.
Jackson, as the agent of Wilcox, Gibbs & Oo., sued out an attachment against Smith, and himself with another became sureties on the attachment bond, with condition to “prosecute said attachment to effect, and pay the said defendant all such damages as he may sustain by the wrongful or vexatious suing out said attachment.” The present suit was brought by Smith on the attachment bond, and alleges that that suit was both wrongful and vexatious. The plaintiff also claims special damages,first,for costs and attorney’s fees incurred in defending said attachment suit; second,in havingliis property…
2Cases cited9 opinions
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Lienkauf & Strauss v. MorrisSupreme Court of Alabama · 1880
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Bolling v. TateSupreme Court of Alabama · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Southern Ry. Co. v. BeatySupreme Court of Alabama · 1925
- Allison-Russell-Withington Co. v. SommersSupreme Court of Alabama · 1929
- Southern Railway Co. v. WebbSupreme Court of Alabama · 1904
12 more not listed; retrieve them via the Exa API.