Havis v. Taylor
Supreme Court of Alabama
Error to the Circuit Court of Chambers. Before the Hon. G. W. Stone. Action on the case, by plaintiff against the defendant, for wrongfully and vexatiously suing out an attachment. Plea, not guilty. Verdict and judgment for the defendant. The facts sufficiently appear in the opinion of the court.. 1. The action is for the wrongful and vexatious suing out of an attachment, and also for a wrongful and vexatioqs and excessive levy.
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Error to the Circuit Court of Chambers. Before the Hon. G. W. Stone. Action on the case, by plaintiff against the defendant, for wrongfully and vexatiously suing out an attachment. Plea, not guilty. Verdict and judgment for the defendant. The facts sufficiently appear in the opinion of the court.. 1. The action is for the wrongful and vexatious suing out of an attachment, and also for a wrongful and vexatioqs and excessive levy. The several decisions of the court excepted to, are clearly contrary to law. Pitts v. Burroughs, 6 Ala. R. 733; Powell v. Olds, 9 Ala. R. 861; Powell v. Olds, 7 Ala.…
1Opinion of the Court
CHILTON, J,
The plaintiff, having offered evidence *327tending to show that one Walker, who was jointly liable with him upon the demand on which defendant had sued out the attachment, was solvent, the defendant offered the record of a judgment rendered in the Montgomery circuit court, which appeared unsatisfied against said Walker, to rebut the plaintiff’s proof; this evidence was objected to by the plaintiff, but allowed by the circuit judge. The plaintiff’s counsel now insists that the proof of solvency offered by the plaintiff was irrelevant, and in this we agree with the counsel, but he…
2Cases cited8 opinions
- Pitts v. BurroughsSupreme Court of Alabama · 1844
- Lawson v. OrearSupreme Court of Alabama · 1845
- Yarborough v. MossSupreme Court of Alabama · 1846
- Cox v. EasleySupreme Court of Alabama · 1847
- Powell v. GovernorSupreme Court of Alabama · 1846
3 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ford v. StateSupreme Court of Alabama · 1882
- Herbert v. HanrickSupreme Court of Alabama · 1849
- Bank of Phoenix City v. TaylorSupreme Court of Alabama · 1916
- Knox v. Rives, Battle & Co.Supreme Court of Alabama · 1848
- Lay v. Clark's Adm'rSupreme Court of Alabama · 1858
2 more not listed; retrieve them via the Exa API.