United States Fidelity & Guaranty Co. v. Miller

BROWN, J,

It is the settled law in this jurisdiction that, to authorize the recovery of exemplary damages in an action for wrongful attachment, the complainant must not only show that the process was wrongfully sued out, but that the plaintiff sued out the writ, without probable cause for believing that some statutory ground therefor existed, and that there was a debt or demand justly due or owing by the defendant to the plaintiff. Schloss et al. v. Rovelsky, 107 Ala. 596, 18 So. 71; Crofford v. Vassar, 95 Ala. 548,10 So. 350; Hamilton v. Maxwell, 119 Ala. 23, 24 So. 769; Bell et al. v. Seals…