Malone v. Handley, Reeves & Co.
Supreme Court of Alabama
Appeal from City Court of Birmingham. Tried before the Hon. H. A. Sharpe. The material facts in the view of the case taken by this court, are stated in the opinion. The court, at the request, in writing, of Handley, Beeves & Co., the defendants, charged the jury, that if they believed the evidence, they must find for the defendants, and plaintiff excepted.
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Appeal from City Court of Birmingham. Tried before the Hon. H. A. Sharpe. The material facts in the view of the case taken by this court, are stated in the opinion. The court, at the request, in writing, of Handley, Beeves & Co., the defendants, charged the jury, that if they believed the evidence, they must find for the defendants, and plaintiff excepted. The plaintiff, Malone, then requested, in writing, the following, among other charges : “ If the jury find from the evidence, that the authorized agent of the defendants, who sued out the writ of attachment, or defendants’ attorney, James…
1Opinion of the Court
STONE, O. J.
— 'The present is a suit by Malone to recover. damages of defendants for wrongfully and vexatiously suing out an attachment which was levied on plaintiff’s goods and' effects.
Malone was a retail merchant, and had purchased goods from Handley, Eeeves & Co., amounting to near eight hundred dollars, which was unpaid. About three-fourths of. *119this indebtedness was past due. On Monday, May 4, 1885, Malone became intoxicated, got into a difficulty with several persons, in which a knife was used, and they suing out warrants for his arrest, he left his business and his home. The officers…
2Cases cited4 opinions
- Fitch v. WaiteSupreme Court of Connecticut · 1823
- Lynde v. MontgomeryNew York Supreme Court · 1836
- United States v. O'BrianU.S. Circuit Court for the District of Kansas · 1873
- North v. McDonaldU.S. Circuit Court for the Northern District of Illnois · 1854
3Cited by1 opinion
- Rieffer v. Home Indemnity Co.District of Columbia Court of Appeals · 1948