Metcalf v. Young
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. H. D. Clayton. This was an action brought by D. M. Young, appellee, against John Metcalf, appellant, on the 22d day of September, 1865, to recover damages for the wrongful and vexatious suing out an attachment against appellee, on the ground that he was about to remove out of the State, so that the ordinary process of law could not be served on him.
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Appeal from the Circuit Court of Dale. Tried before the Hon. H. D. Clayton. This was an action brought by D. M. Young, appellee, against John Metcalf, appellant, on the 22d day of September, 1865, to recover damages for the wrongful and vexatious suing out an attachment against appellee, on the ground that he was about to remove out of the State, so that the ordinary process of law could not be served on him. The attachment bond was conditioned to pay the “ defendant in attachment all the damages which he may sustain by the wrongful suing out of this attachment.” The complaint avers, among…
1Opinion of the CourtB. F. Saffold, J.
The questions presented for decision in this case are : 1. Can the plaintiff in a suit on the attachment bond, recover actual damage sustained by him, after the commencement of his suit ? 2. Can he recover such actual damage not paid by him at the time of the final tral of his suit ? 3d. Is it reasonable and probable cause, to believe that the grounds upon which the attachment was sued out were true, a defense to an action for damages on the bond ?
The first exception taken by the defendant is directed against the admission of any evidence of damage incurred after the commencement of the suit,…
2Cases cited8 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Ewing v. BlountSupreme Court of Alabama · 1852
- Hair v. LittleSupreme Court of Alabama · 1856
- Jenkins v. McConicoSupreme Court of Alabama · 1855
- Seay v. GreenwoodSupreme Court of Alabama · 1852
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3Cited by4 opinions
- Higgins v. MansfieldSupreme Court of Alabama · 1878
- Drake v. WebbSupreme Court of Alabama · 1879
- Salmon v. SalmonAlabama Court of Appeals · 1915
- Burton v. SmithSupreme Court of Alabama · 1873