Goldstein v. Nobles
Supreme Court of Alabama
Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Action by Alex Nobles against H. H. Goldstein and Ed Putnam for maliciously suing out an attachment. Judgment for plaintiff, and defendants appeal.
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Appeal from Jefferson Circuit Court. Heard before Hon. E. C. Crow. Action by Alex Nobles against H. H. Goldstein and Ed Putnam for maliciously suing out an attachment. Judgment for plaintiff, and defendants appeal. Transferred from the Court of Appeals under Acts 1911, p. 449, § 6. The complaint is as follows: “Plaintiff claims of defendants the sum of * * * as damages for that heretofore, to-wit, * * * the defendants wrongfully, vexatiously, and maliciously caused to be issued out of the court of P. H. Bailey, a justice of the peace in and for Jefferson county, a writ of garnishment against…
1Opinion of the Court
ANDERSON, C. J.—
(T) While this is a common-law action for maliciously and without probable cause suing out a garnishment, and is not an action upon the garnishment bond, it seems that under our cases the plaintiff did not have to await the determination of the main cause before suing for the wrongful issuance of the garnishment. Section 2966 of the Code of 1907 authorizes suit upon the bond any time within three years before or after suit is determined, and our court has held that this right exists as to the common-law action as well as a suit upon a bond.—Alsop v. Lidden, 130 Ala. 553, 30…
2Cases cited6 opinions
- Brown v. MasterSupreme Court of Alabama · 1894
- Alsop v. LiddenSupreme Court of Alabama · 1900
- Goldstein v. DrysdaleSupreme Court of Alabama · 1906
- Grady v. Ibach & Co.Supreme Court of Alabama · 1891
- Lane v. Alabama Penny Savings BankSupreme Court of Alabama · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- McCarty v. WilliamsSupreme Court of Alabama · 1924
- Wells Co. v. LaneSupreme Court of Alabama · 1927
- Jones v. Preuit & MauldinDistrict Court, N.D. Alabama · 1984