Lockhart v. Woods
Supreme Court of Alabama
Appeal from the Circuit Court of Russell. Tried before the Hon. Robert Dougherty. This action was brought by Charles H. Lockhart, against Thomas Gr. Wood, John M. Philips, and Walter H. Weemsj was commenced on the 24th July, 1860; and was founded on an attachment bond, executed by the defendants, the condition of which was as follows: “ Whereas, the above-bound Walter H. Weems, as one of the attorneys of the said Thomas Gr.
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Appeal from the Circuit Court of Russell. Tried before the Hon. Robert Dougherty. This action was brought by Charles H. Lockhart, against Thomas Gr. Wood, John M. Philips, and Walter H. Weemsj was commenced on the 24th July, 1860; and was founded on an attachment bond, executed by the defendants, the condition of which was as follows: “ Whereas, the above-bound Walter H. Weems, as one of the attorneys of the said Thomas Gr. Wood, has, on the day of the date hereof, prayed an attachment, at the suit of the said Thomas Gr. Wood, against the estate of the said Charles H. Lockhart, for the sum of…
1Opinion of the CourtA. J. Walker, C. J.
In an action, the gravamen of which is the wrongful and malicious suing out of an attachment, the defense may be rested upon the existence of any one' of the several grounds for the procurement of such process. — Kwksey v. Jones, 7'Ala. 622. The attachment which ..gave rise to this suit, was sued out upon the ground that the defendant in attachment was about to remove his property out of the State, so that the plaintiff would probably lose his debt, or have to sue for it in another State. Nevertheless, it was a matter provable in the defense of this action, that the defendant in attachment…
2Cases cited8 opinions
- Garnett v. YoeSupreme Court of Alabama · 1849
- Garrett v. LoganSupreme Court of Alabama · 1851
- Sharpe v. HunterSupreme Court of Alabama · 1849
- Floyd v. HamiltonSupreme Court of Alabama · 1858
- Spivey v. McGeheeSupreme Court of Alabama · 1852
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Durr v. JacksonSupreme Court of Alabama · 1877
- Penney v. WarrenSupreme Court of Alabama · 1927
- Pounds v. HamnerSupreme Court of Alabama · 1876
- Painter v. MunnSupreme Court of Alabama · 1897
11 more not listed; retrieve them via the Exa API.