Burton v. Smith
Supreme Court of Alabama
Appeal from the Circuit Court of Chambers. Tried before the Hon. L. B. Strange. — 1. Evidence of the plaintiff’s pecuniary circumstances was irrelevant. Groldsmith, Forcheimer Go. v. Picard, 27 Ala. 142. 2. Counsel fees in this 'suit constitute no part of the plaintiff’s damages. Sedgwick on Damages, 99; 21 Pick. 378; 2 Mete. 229; 23 Wendell, 425. They are more remote than counsel fees^ on appeal in the original attachment suit, which cannot be recovered.
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Appeal from the Circuit Court of Chambers. Tried before the Hon. L. B. Strange. — 1. Evidence of the plaintiff’s pecuniary circumstances was irrelevant. Groldsmith, Forcheimer Go. v. Picard, 27 Ala. 142. 2. Counsel fees in this 'suit constitute no part of the plaintiff’s damages. Sedgwick on Damages, 99; 21 Pick. 378; 2 Mete. 229; 23 Wendell, 425. They are more remote than counsel fees^ on appeal in the original attachment suit, which cannot be recovered. Ferguson &■ Scott v. Baber's Adm'rs, 24 Ala. 402. — 1. The evidence which was objected to negatived the ground on which the attachment was…
1Opinion of the CourtB. F. Saffold, J.
— The suit was for damages, on an attachment bond. The attachment was procured on an affidavit alleging that the plaintiff had moneys, property, or effects liable to satisfy his debts, which he fraudulently withheld. The plaintiff was permitted to prove that he “ was a man of large means, and had, at the time the attachment was sued out, a large amount of property about him, and under his control, claiming it openly and notoriously as his own.” This is the first exception. As the issue was the fraudulent withholding of property, how better could the plaintiff disprove the accusation than by…
2Cases cited2 opinions
- Seay v. GreenwoodSupreme Court of Alabama · 1852
- Metcalf v. YoungSupreme Court of Alabama · 1869
3Cited by4 opinions
- Copeland & Brantley v. CunninghamSupreme Court of Alabama · 1879
- Drake v. WebbSupreme Court of Alabama · 1879
- Territory ex rel. Lyser v. RindscoffNew Mexico Supreme Court · 1889
- Territory of New Mexico ex rel. Leyser v. Rindskopf Bros.New Mexico Supreme Court · 1889