Hall v. Forman
Court of Appeals of Kentucky
Case 80 — ATTACHMENT, BAE APPEAL PROM CLARK CIRCUIT COURT. \We contend that the suing out of the attachment without sufficient cause, and the vexatious and malicious attack upon the character and sensibilities of appellant constituted two distinct legal injuries, for which the law has provided separate modes of redress. In the former case .an adequate remedy is aforded in the bond required to be executed by ■an attaching creditor.
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Case 80 — ATTACHMENT, BAE APPEAL PROM CLARK CIRCUIT COURT. \We contend that the suing out of the attachment without sufficient cause, and the vexatious and malicious attack upon the character and sensibilities of appellant constituted two distinct legal injuries, for which the law has provided separate modes of redress. In the former case .an adequate remedy is aforded in the bond required to be executed by ■an attaching creditor. In the latter the defendant in the attachment :has the same remedy that he would have for any other wrong committed to his person or character, viz, an action on…
1Opinion of the Court
JUDGE HOLT
delivered the opinion oe the court.
This action was brought against I). W. Forman and his surety, W. H. Forman, upon an attachment bond to recover the special damages embraced by it.
A previous recovery of the general damages in an action against D. W. Forman alone, for the wrongful and malicious suing out of the attachment, was relied upon in bar of the action.
It is admitted that the relief asked and obtained in the former action was confined to the injury arising from loss of credit, impaired reputation and injured feelings ; while the petition in this case seeks to recover for the…
2Cases cited2 opinions
- Talbott v. ToddCourt of Appeals of Kentucky · 1837
- Johnson v. Farmers' BankCourt of Appeals of Kentucky · 1868
3Cited by7 opinions
- Cassidy v. BerkovitzCourt of Appeals of Kentucky · 1916
- Roberts v. MossCourt of Appeals of Kentucky · 1907
- Everill v. SwanUtah Supreme Court · 1899
- Turner v. DeatonCourt of Appeals of Kentucky (pre-1976) · 1927
- Jaksich v. GuistiNevada Supreme Court · 1913
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