Goldstein v. Drysdale
Supreme Court of Alabama
Action for Wrongfully ancl Maliciously Suing Out Attachment. Appeal from Selma City Court. Heard before'’ Hón. A. W. Mabry. This appeal- is from the action of the trial court in granting to plaintiff in the-canse a new trial. The action was one for willfully, fraudulently and maliciously causing an attachment to be issued and levied upon certain property of the plaintiff to satisfy 'a debt due by another party.
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Action for Wrongfully ancl Maliciously Suing Out Attachment. Appeal from Selma City Court. Heard before'’ Hón. A. W. Mabry. This appeal- is from the action of the trial court in granting to plaintiff in the-canse a new trial. The action was one for willfully, fraudulently and maliciously causing an attachment to be issued and levied upon certain property of the plaintiff to satisfy 'a debt due by another party. There were other counts for the wrongful suing out of the attachment. -The special plea to counts 2 and 3 set up the fact that the defendant was the owner of certain promissory notes…
1Opinion of the CourtAnderson, J.
— Conceding that the special pleas to Counts 2 and C were proven beyond dispute, the defendant was not entitled to the general affirmative charge as to the whole complaint, unless the plaintiff was not entitled to recover under the other counts. The other counts were not upon the bond for the mere wrongful suing out of the attachment, but are in case for a wrongful, malicious, and without probable cause suing out of the attachment ,and in like manner • causing the same to be levied. Plaintiff cannot therefore, recover under said counts, if the attachment was only wrongfully sued out, but must…
2Cases cited10 opinions
- Lunsford v. DietrichSupreme Court of Alabama · 1890
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- McLeod v. McLeodSupreme Court of Alabama · 1882
- National Surety Co. v. MabrySupreme Court of Alabama · 1903
- Brown v. MasterSupreme Court of Alabama · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Abingdon Mills v. GroganSupreme Court of Alabama · 1910
- Phillips v. MorrowSupreme Court of Alabama · 1923
- Stewart v. BlairSupreme Court of Alabama · 1911
- Alabama Dry Dock & Shipbuilding Co. v. BatesAlabama Court of Appeals · 1947
- Gambill v. CargoSupreme Court of Alabama · 1907
1 more not listed; retrieve them via the Exa API.