Bell v. Seals Piano & Organ Co.
Supreme Court of Alabama
Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Action by the Seals Piano & Organ Company against N. J. Bell, as trustee, and others for damages for wrongfully suing out an attachment. Judgment for plaintiff, and defendants appeal. The facts sufficiently appear.
Read the full summary
Appeal from Circuit Court, Montgomery County; Gaston Gunter, Judge. Action by the Seals Piano & Organ Company against N. J. Bell, as trustee, and others for damages for wrongfully suing out an attachment. Judgment for plaintiff, and defendants appeal. The facts sufficiently appear. The following are the charges referred to as refused to defendant: (2) If the jury believe the evidence in this case, you can only return a verdict for plaintiff for the amount paid by them for attorney’s fees, court costs, and premium on bonds, with interest on the same. (3) If you believe the evidence in this…
1Opinion of the CourtThomas, J.
The suit was for the wrongful and malicious suing out of an attachment. For former discussion of some of the questions involved see Seals Piano & Organ Co. v. Bell, 196 Ala. 290, 71 South. 340. There are several assignments of error predicated on the rulings of the trial court on the introduction of evidence
[1] The witness George E. Warrick was asked, over defendants’ due exception, “Was that a brand new thing * * * as regards your moving?” and answered, “We had been telling everybody for months we were moving — it was publicly known.” For an understanding of this exception, it is necessary…
2Cases cited27 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Kirksey v. JonesSupreme Court of Alabama · 1845
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- Durr v. JacksonSupreme Court of Alabama · 1877
22 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Hanson v. CouchSupreme Court of Alabama · 1978
- Key v. DozierSupreme Court of Alabama · 1949
- Southern Ry. Co. v. BeatySupreme Court of Alabama · 1925
- United States Fidelity & Guaranty Co. v. MillerSupreme Court of Alabama · 1928
- Bradford v. LawrenceSupreme Court of Alabama · 1922
7 more not listed; retrieve them via the Exa API.