Marshall v. Betner
Supreme Court of Alabama
Error to the County Court of Dallas. 1. The court should have sustained the demurrers to the 3d and 5th pleas. These pleas are double. 2. In any action on the case it is only necessary for the plaintiff to allege and prove the consequential damage, and the facts, or conduct of the defendant, out of which it grew. If any law justifies the conduct of the defendant, he must show it.
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Error to the County Court of Dallas. 1. The court should have sustained the demurrers to the 3d and 5th pleas. These pleas are double. 2. In any action on the case it is only necessary for the plaintiff to allege and prove the consequential damage, and the facts, or conduct of the defendant, out of which it grew. If any law justifies the conduct of the defendant, he must show it. The defendant is liable by the common law for the damages sustained by the plaintiff, in consequence of the wrongful seizure of his property under the attachment, and if there is any law of Mississippi, exempting him…
1Opinion of the CourtChilton, J.
This was an action on the case for wrongfully and vexatiously suing out an attachment in the county of Itawamba, in the State of Mississippi, by the defendant in error, who was also the defendant below, against the plaintiff.
The defendant below demurred to the declaration, but the demurrer was overruled. He then pleaded six several pleas, to four of which a demurrer was interposed by the plaintiff. The court sustained the demurrer to two of them and overruled it as to the other two. The pleas held good are as follows: “Third: that the said attachment, for the alleged wrongful, malicious, and…
2Cases cited4 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Caruthers v. Mardis' adm'rsSupreme Court of Alabama · 1842
- Brock v. YongueSupreme Court of Alabama · 1843
- Stiles v. LacySupreme Court of Alabama · 1844
3Cited by35 opinions
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Burruss v. HinesSupreme Court of Virginia · 1897
- Wheeler v. HansonMassachusetts Supreme Judicial Court · 1894
- Johnson v. King & DavidsonTexas Supreme Court · 1885
- Deshawn Gervin v. Pamela FlorenceCourt of Appeals for the Eleventh Circuit · 2025
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