German-American Wholesale Optical Co. v. Rosen

GARDNER, Justice.

The suit was by appellee against appellants on an attachment bond. Section 6214, Code 1923. There was verdict for plaintiff in the sum of $1, which the trial court, on plaintiff’s motion based upon the inadequacy of the recovery, set aside, and from the judgment granting a new trial, defendants appeal.

The sole question presented relates to the matter of inadequacy of the sum awarded plaintiff. Alabama Fuel & Iron Co. v. Andrews, 215 Ala. 92, 109 So. 750; Mobile & Ohio R. Co. v. Brassell, 188 Ala. 349, 66 So. 447.

Plaintiff proved actual damages in excess of $1,200, and…