Donnell v. Jones
Supreme Court of Alabama
Error to the Circuit Court of Autauga. Tried before the Hon. John D. Phelan. This was au action on the case by the defendants against the plaintiff in error to recover damages for the wrongful and vexatious suing out of an ancillary attachment.
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Error to the Circuit Court of Autauga. Tried before the Hon. John D. Phelan. This was au action on the case by the defendants against the plaintiff in error to recover damages for the wrongful and vexatious suing out of an ancillary attachment. The plaintiffs proved on the trial that on and before the 1st day of January 1845, they were partners and merchants in the city of Montgomery and were in good credit, both in said city and in the city of New York, where they had been in the habit of purchasing their goods; that on the said 1st day of January the defendant sued out a writ against them…
1Opinion of the CourtChilton, J.
The principal points which arise in this case, we conceive are fully settled by the previous decision of it to be found in 13 Ala. 490. We there attempted to show the distinction between general and special damage, and to point out the damage which, under the declaration in this case, constituted the particular subject of inquiry and compensation. We there held that it was competent for the plaintiffs to prove the general loss of their mercantile credit, the stoppage of their joint *693business, and the prevention of their sales. These we considered and still regard the natural and proximate…
2Cases cited3 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Lincoln v. Saratoga & Schenectady Rail RoadNew York Supreme Court · 1840
- Driggs v. DwightNew York Supreme Court · 1837
3Cited by9 opinions
- McLaney v. TurnerSupreme Court of Alabama · 1958
- Spaids v. BarrettIllinois Supreme Court · 1870
- State ex rel. Roe v. ThomasSupreme Court of Missouri · 1854
- Dothard v. SheidSupreme Court of Alabama · 1881
- Rowland v. Ladiga's HeirsSupreme Court of Alabama · 1852
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