Moss v. Winston

Counts 1, 2, and 6, purporting to state a cause of action for the wrongful issuance of an attachment, were subject to the demurrers interposed thereto under the authority of Irwin v. Cotney, 214 Ala. 415, 108 So. 235, and the cases cited.

Counts 4 and 7 seek to recover for expense of litigation resulting from the defendant’s alleged breach of a contract as to the execution of a deed. The general rule here applicable is stated in 17 Corpus Juris, 807, as follows: “Apart from the sums allowable and taxed as costs, there can, as a general rule, be no recovery as damages of the costs and expenses…