Calhoun v. Hannan & Michael
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. This action was brought by Joseph C. Calhoun, against Hannan & Michael as partners, with others their sureties; was founded on an attachment bond, and was commenced on the 19th September, 1887. The bond was dated December 20th, 1886, and was conditioned, in the words of the statute, for the payment to the defendant of “all such damages as he may sustain by the wrongful or vexatious suing out of said…
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Appeal from the City Court of Mobile. Tried before the Hon. O. J. Semmes. This action was brought by Joseph C. Calhoun, against Hannan & Michael as partners, with others their sureties; was founded on an attachment bond, and was commenced on the 19th September, 1887. The bond was dated December 20th, 1886, and was conditioned, in the words of the statute, for the payment to the defendant of “all such damages as he may sustain by the wrongful or vexatious suing out of said attachment.” The attachment was sued out, on said 20th December, by John E. Michael, a partner of said firm, on the ground…
1Opinion of the Court
McCLELLAN, J. —
Many of the assignments of error are predicated upon the rulings of the primary court on the sufficiency of pleadings and the admissibility of evidence, having reference solely to the defendant’s liability for punitive or exemplary damages. The matters presented by the pleadings in this behalf, and the evidence in support or denial of them, were material only upon the assumption, that none of the statutory grounds for the issuance of the attachment existed, and that the writ was, therefore, wrongful. However malicious and vexatious the suing out of the writ may have been, the…
2Cases cited16 opinions
- Phœnix Insurance v. MoogSupreme Court of Alabama · 1884
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Pollak v. SearcySupreme Court of Alabama · 1887
- Durr v. JacksonSupreme Court of Alabama · 1877
- Foster v. JohnsonSupreme Court of Alabama · 1881
11 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Louisville & Nashville Railroad v. Sullivan Timber Co.Supreme Court of Alabama · 1899
- Birmingham R. L. & P. Co. v. SaxonSupreme Court of Alabama · 1912
- Robinson v. MoseleySupreme Court of Alabama · 1890
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