Tucker v. Adams
Supreme Court of Alabama
Appeal from Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. Appellee Adams brought suit against appellants, as sureties, upon an attachment bond which they and their principal, James Olive, executed on the 18th day of October, 1869, assigning as breaches that the attachment was .wrongfully sued out, and that they had failed well and truly to prosecute it.
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Appeal from Circuit Court of Henry. Tried before Hon. J. McCaleb Wiley. Appellee Adams brought suit against appellants, as sureties, upon an attachment bond which they and their principal, James Olive, executed on the 18th day of October, 1869, assigning as breaches that the attachment was .wrongfully sued out, and that they had failed well and truly to prosecute it. The writ was issued on the ground that Adams was justly indebted to Olive in the sum of four hundred dollars for rent, for the year 1869, and that without paying rent he had removed a portion of crops grown thereon, without…
1Opinion of the CourtBrickell, C. J.
The rule of the common law is, that a mere wrongful resort to legal process affords no ground of action. To support an action for the misuse or abuse of process, malice, and a want of probable cause, must concur. McKellar v. Couch, 34 Ala. 336; Benson v. McCoy, 36 Ala. 710. This rule probably subserves the ends of justice as to common law remedies, or the ordinary remedies pursued in courts of justice. An attachment is an extraordinary remedy, prescribed by the statute for extreme cases, and harsh in its operation. Its levy deprives the party against whom it issues as completely of the…
2Cases cited4 opinions
- Doe ex dem Duval's heirs v. McLoskeySupreme Court of Alabama · 1840
- Haley v. BennettSupreme Court of Alabama · 1837
- McKellar v. CouchSupreme Court of Alabama · 1859
- Benson & Co. v. McCoySupreme Court of Alabama · 1860
3Cited by23 opinions
- American Freehold Land Mortgage Co. of London v. TurnerSupreme Court of Alabama · 1891
- Brown v. MasterSupreme Court of Alabama · 1894
- Clikos v. LongSupreme Court of Alabama · 1936
- Collins v. WhighamSupreme Court of Alabama · 1877
- McCarty v. WilliamsSupreme Court of Alabama · 1924
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