City National Bank v. Jeffries
Supreme Court of Alabama
Appeal from Hale Circuit Court. Tried before Hon. John Moobe. This action was. commenced on 5th April, 18S1, by A. S. Jeffries against the City National Bank of Selina and another, and was. founded on an attachment bond executed by the defendants as sureties of Kahn, Wolf & Sons, at whose suit an attachment was issued out of the Circuit Court of Hale county against the plaintiff, a merchant, on 4th April, 1881, and levied on a stock of goods, wares and merchandise owned by…
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Appeal from Hale Circuit Court. Tried before Hon. John Moobe. This action was. commenced on 5th April, 18S1, by A. S. Jeffries against the City National Bank of Selina and another, and was. founded on an attachment bond executed by the defendants as sureties of Kahn, Wolf & Sons, at whose suit an attachment was issued out of the Circuit Court of Hale county against the plaintiff, a merchant, on 4th April, 1881, and levied on a stock of goods, wares and merchandise owned by hinu The complaint contains five counts, each averring the issue and levy of the attachment, the execution and condition…
1Opinion of the CourtStone, J.
— Our statutes, and the rulings upon them recognize two elements and measures of damages, when the party, whose property has been attached, complains. The first is, when it is claimed that this extraordinary process has been wrongfully sued out. The meaning of this is, not that the attachment proceedings are faulty, and liable to be abated or quashed. Such defect furnishes no ground for the recovery of damages. To be “wrongful” within the statute, none of the statutory grounds for attachment must exist. — Sharpe v. Hunter, 16 Ala. 765; Drake on Att. 170; Durr v. Jackson, 59 Ala. 203. To…
2Cases cited22 opinions
- The Distilled SpiritsSupreme Court of the United States · 1871
- Clarke v. WhiteSupreme Court of the United States · 1838
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- First National Bank v. Town of New MilfordSupreme Court of Connecticut · 1869
- Kirksey v. JonesSupreme Court of Alabama · 1845
17 more not listed; retrieve them via the Exa API.
3Cited by42 opinions
- Western Union Telegraph Co. v. BensonSupreme Court of Alabama · 1908
- Hall & Brown Woodworking Machine Co. v. Haley Furniture & Mfg. Co.Supreme Court of Alabama · 1911
- Calhoun v. Hannan & MichaelSupreme Court of Alabama · 1888
- Cowan v. Western Union Telegraph Co.Supreme Court of Iowa · 1904
- Mattingly v. HoustonSupreme Court of Alabama · 1909
37 more not listed; retrieve them via the Exa API.