L. Bucki & Son Lumber Co. v. Atlantic Lumber Co.
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Southern District of Florida. This is an action for damages for maliciously suing out two writs of attachment and the levying and maintaining the levy of such writs upon the properties of the plaintiff in error. The declaration consists of two counts.
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In Error to the Circuit Court of the United States for the Southern District of Florida. This is an action for damages for maliciously suing out two writs of attachment and the levying and maintaining the levy of such writs upon the properties of the plaintiff in error. The declaration consists of two counts. The first count charges the defendants with maliciously and without probable cause suing out a writ of attachment for §9,980.80, and maliciously endeavoring to maintain the same. The second count charges the defendants with maliciously and without probable cause suing out, levying, and…
1Opinion of the Court
Having stated the case as above, the opinion of the court was delivered by
PARDEE, Circuit Judge.
The foregoing statement shows a case of conflicting facts and evidence as to the want of probable cause in suing out the writs of attachment complained of and as to the actual and inferential malice of the defendants in suing out the same, which should have been submitted to a jury.
In Alsop v. Lidden, 30 South. 401, 403, the Supreme Court of Alabama defined probable cause for suing out an attachment as follows:
“Probable cause is sucb a state of facts and circumstances as would lead a man of…
2Cases cited17 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Ex Parte FISKSupreme Court of the United States · 1885
- Connecticut Mutual Life Insurance v. Union Trust Co.Supreme Court of the United States · 1884
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3Cited by10 opinions
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- Douglas v. KenneyIdaho Supreme Court · 1925
- Daniel v. PappasCourt of Appeals for the Eighth Circuit · 1926
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