Hamilton v. Maxwell
Supreme Court of Alabama
Appeal from St. Clair Circuit Court. Tried before the Hon. Geo. E. Brewer. The action was brought by the appellee against the appellants, and counted upon an attachment bond, which was executed by the defendants. The breaches of the bond complained of were averred in the complaint as follows: “1st. The said attachment was wrongfully sued out. 2d. The said attachment was vexatiouslv sued out. 3d.
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Appeal from St. Clair Circuit Court. Tried before the Hon. Geo. E. Brewer. The action was brought by the appellee against the appellants, and counted upon an attachment bond, which was executed by the defendants. The breaches of the bond complained of were averred in the complaint as follows: “1st. The said attachment was wrongfully sued out. 2d. The said attachment was vexatiouslv sued out. 3d. The said attachment was maliciously sued out, all to the great damage of plaintiff, as above'stated. Plaintiff further avers, that he was not fraudulently disposing of his property at the time…
1Opinion of the CourtMcCLELLAN, J.
This is a second action on the same attachment bond executed by N. O. Hamilton et al. prosecuted by the plaintiff, M. L. Maxwell. The parties are the same, the cause of action is the same, and the same recovery was sought in the former action as is sought in this... The plaintiff, Maxwell, took a non-suit-in the former action, and there Avas judgment against him for the costs. He has not paid that judgment. On these facts the court erred in overruling defendants’ motion to stay all further proceedings in this cause .until the plaintiff pays the costs in the former suit. — Ex, parte *26Street,…
2Cases cited11 opinions
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Flournoy & Epping v. Lyon & Co.Supreme Court of Alabama · 1881
- Abrams v. JohnsonSupreme Court of Alabama · 1880
- McLane v. McTigheSupreme Court of Alabama · 1889
- Ex parte ShearSupreme Court of Alabama · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Alabama Fuel & Iron Co. v. WilliamsSupreme Court of Alabama · 1921
- Bell v. Seals Piano & Organ Co.Supreme Court of Alabama · 1918
- Fleming v. MooreSupreme Court of Alabama · 1925
- United States Fidelity & Guaranty Co. v. MillerSupreme Court of Alabama · 1928
- Jones v. Preuit & MauldinDistrict Court, N.D. Alabama · 1986
7 more not listed; retrieve them via the Exa API.