Sacket v. McCord
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. Debt by Charles McCord against the appellants, on an attachment bond, given by them in a suit between Jeremiah .Sackett and said McCord.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstry. Debt by Charles McCord against the appellants, on an attachment bond, given by them in a suit between Jeremiah .Sackett and said McCord. On the trial, “the court permitted the plaintiff' to read to the jury an entry from the minutes of the present term of this court, not signed by the presiding judge, of a judgment on the verdict of a jury against the plaintiff in the attachment suit of Sackett v. McCord, the bond in which is the foundation of the present action ; to which the defendants, by their counsel, objected.…
1Opinion of the CourtGoldth Waite, J.
The condition of the attachment bond was, in accordance with the statute, (Clay’s Digest 54 § 8,) to prosecute the attachment with effect, and pay the plaintiff all such damages as he might sustain by the wrongful suing out of the same ; and although a record of a judgment or verdict, in favor of the defendant in attachment, would be conclusive to show that the plaintiff had failed to prosecute his suit to effect, by itself it was not conclusive, as to the wrongful suing out of the attachment; for it may have been rendered upon an issue not affecting the merits of the case. We do not say that…
2Cases cited1 opinion
- Lucas v. Governor ex rel. HarperSupreme Court of Alabama · 1844
3Cited by9 opinions
- Roberts v. HeimSupreme Court of Alabama · 1855
- Penney v. WarrenSupreme Court of Alabama · 1927
- Gager v. Doe, ex dem. GordonSupreme Court of Alabama · 1856
- Lockhart v. WoodsSupreme Court of Alabama · 1863
- Pounds v. HamnerSupreme Court of Alabama · 1876
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