Trammell v. Ramage
Supreme Court of Alabama
Appeal from Chambers Circuit Court. Tried before Hon. J. R. Dowdell. This was an action by James B. Ramage against W. O. Trammell and the sureties on a bond given to obtain the issuance of an attachment on the ground that Ramage was about to fraudulently dispose of his property. There was no dispute about the amount of the claim on which the attachment was based.
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Appeal from Chambers Circuit Court. Tried before Hon. J. R. Dowdell. This was an action by James B. Ramage against W. O. Trammell and the sureties on a bond given to obtain the issuance of an attachment on the ground that Ramage was about to fraudulently dispose of his property. There was no dispute about the amount of the claim on which the attachment was based. Ramage employed no counsel to defend the attachment suit, but after judgment by default therein, he employed attorneys, who made an unsuccessful attempt to set aside the judgment, and paid these attorneys fifteen dollars for their…
1Opinion of the CourtStone, C. J.
— Suit for wrongfully and vexatiously suing out an attachment.
Plaintiff was permitted to prove by his own testimony that the levy of an attachment had damaged his credit to the amount of one hundred and fifty dollars. This was objected to, the objection overruled, and defendant excepted. In this ruling the Circuit Court erred. Extent of damage to credit is an inferential fact, which can be arrived at only by an examination — a weighing of all the facts and circumstances, and can not be the subject of direct proof. — Pollock v. Gantt, 69 Ala. 378; Marx v. Leinkauff, 93 Ala. 453; McCormick v.…
2Cases cited6 opinions
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- McCormick & Richardson v. Joseph & AndersonSupreme Court of Alabama · 1884
- Steed v. KnowlesSupreme Court of Alabama · 1885
- Marx Bros. v. LeinkauffSupreme Court of Alabama · 1890
- Minniece v. JeterSupreme Court of Alabama · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Sheetz, Inc. v. Bowles Rice McDavid Graff & Love, PLLCWest Virginia Supreme Court · 2001
- Bell v. Seals Piano & Organ Co.Supreme Court of Alabama · 1918
- Walker v. GrahamSupreme Court of Alabama · 1937
- Schuessler v. StillSupreme Court of Alabama · 1910