Higgins v. Mansfield
Supreme Court of Alabama
Appeal from Hale Circuit Court. Tried before Hon. George H. Craig. This was an action on an attachment bond, commenced by the appellee, Charles H. Mansfield, against the appellants, Alfred W. Higgins and the sureties on the bond. The complaint claimed damages for the mere wrongful suing out of the attachment, and also vindictive damages for its vexatious suing out. The case was tried on the plea of the general issue.
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Appeal from Hale Circuit Court. Tried before Hon. George H. Craig. This was an action on an attachment bond, commenced by the appellee, Charles H. Mansfield, against the appellants, Alfred W. Higgins and the sureties on the bond. The complaint claimed damages for the mere wrongful suing out of the attachment, and also vindictive damages for its vexatious suing out. The case was tried on the plea of the general issue. The plaintiff was permitted to testify, against the objection and exception of the defendants. 1. That at the time of the suing out and issue of the attachment for the suing out…
1Opinion of the CourtStone, J.
In Herring v. Skaggs, at the present term, we considered very fully the question, what damages are recoverable in an action for a breach of warranty, and held that only such damages as are the natural and proximate consequence of the act complained of can be recovered. The rule of damages in the present form of action is, in this respect, the same as that above stated. — Hogan v. Thorington, 8 Por. 428; Kornegay v. White, 10 Ala. 255; Willis v. Dudley, Ib. 933; Donnell v. Jones, 13 Ala. 490, 509 ; Sims v. Glazener, 14 Ala. 695 ; Donnell v. Jones, 14 Ala. 680; Marshall v. Betrier, Ib. 832;…
2Cases cited7 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Goldsmith, Forcheimer & Co. v. PicardSupreme Court of Alabama · 1855
- Saltmarsh v. P. & M. BankSupreme Court of Alabama · 1848
- Burton v. HolleySupreme Court of Alabama · 1856
- Kornegay v. WhiteSupreme Court of Alabama · 1846
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Brigham & Co. v. CarlisleSupreme Court of Alabama · 1884
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Bell v. ReynoldsSupreme Court of Alabama · 1885
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Paris v. Buckner Feed Mill, Inc.Supreme Court of Alabama · 1966
14 more not listed; retrieve them via the Exa API.