Goldsmith, Forcheimer & Co. v. Picard
Supreme Court of Alabama
Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. McKinstry. Action on the case by Isaac Picard against appellants, to recover damages for tbe wrongful and vexatious suing out of an attachment against him, on tbe ground-that he bad moneys liable to satisfy bis debts which be fraudulently withheld.
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Appeal from tbe City Court of Mobile. Tried before tbe Hon. Alex. McKinstry. Action on the case by Isaac Picard against appellants, to recover damages for tbe wrongful and vexatious suing out of an attachment against him, on tbe ground-that he bad moneys liable to satisfy bis debts which be fraudulently withheld. The original declaration contained two counts, the first of which averred the suing out of the* attachment, its levy, &c., and then proceeded, — “ And plaintiff avers that said writ of attachment was wrongfully and .vexatiously sued out against 'him, and without probable cause, and…
1Opinion of the CourtG-Oldthwaite, J.
In the case of the Planters and Merchants’ Bank v. Willis & Co., 5 Ala. 770, it was held by this court, that the amendment of the pleadings, at any time before the case was submitted to the jury, was a matter purely within the discretion of the court, and for that reason was not revisable here. This disposes of the question presented by the fourth assignment of error.
The affidavit on which the attachment was founded, and the allegations in relation to the making of the same, are set out in the declaration only by way of inducement — not as a statement of the injury, but simply as a statement…
2Cases cited5 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Cook v. ParhamSupreme Court of Alabama · 1853
- Planters' & Merchants' Bank of Mobile v. WillisSupreme Court of Alabama · 1843
- Wallis v. RheaSupreme Court of Alabama · 1846
- Cuthbert v. NewellSupreme Court of Alabama · 1845
3Cited by34 opinions
- Mahone v. WilliamsSupreme Court of Alabama · 1863
- Crimm's Adm'rs v. CrawfordSupreme Court of Alabama · 1857
- Rutledge v. RowlandSupreme Court of Alabama · 1909
- Vandiver & Co. v. WallerSupreme Court of Alabama · 1904
- Durr v. JacksonSupreme Court of Alabama · 1877
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