Alsop v. Lidden
Supreme Court of Alabama
Appeal from the Circuit Court of Henry. Tried before the Hon. J. C. Bichaedson. This action was brought by the appellant, 0. Alsop, against the appellee, F. B. Lidden, to recover damages for. the wrongful and malicious suing out of an attachment by the defendant against the plaintiff, which attachment was levied upon the goods of the plaintiff. The complaint as amended contained four counts.
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Appeal from the Circuit Court of Henry. Tried before the Hon. J. C. Bichaedson. This action was brought by the appellant, 0. Alsop, against the appellee, F. B. Lidden, to recover damages for. the wrongful and malicious suing out of an attachment by the defendant against the plaintiff, which attachment was levied upon the goods of the plaintiff. The complaint as amended contained four counts. In each of the counts it was alleged “that the defendant on December 28, 1898, in behalf of the firm of F. B. Lidden & Co., a partnership of which the defendant was a member, made affidavit before a…
1Opinion of the CourtTyson, J.
In Brown v. Master, 104 Ala. 463, it was said: “The wrongfulness of the issuance of the writ (of attachment) would at common law have to be shown by the record of the attachment proceeding, disclosing a determination of that, suit against the plaintiff therein. But under ouir statute the defendant in attachment cannot ‘deny or put in issue the cause for which the attachment issued.’ — Code, § 2999 [§ 565 of Code of 1896] — and it follows that the non-existence of *553a statutory ground for issuance of the attachment may be, indeed lias to be, shown by matter de hors the record. It would seem also…
2Cases cited2 opinions
- Brown v. MasterSupreme Court of Alabama · 1894
- Durr v. JacksonSupreme Court of Alabama · 1877
3Cited by13 opinions
- Jay v. StateAlabama Court of Appeals · 1916
- Wright v. . HarrisSupreme Court of North Carolina · 1912
- Wright v. HarrisSupreme Court of North Carolina · 1912
- Bell v. Seals Piano & Organ Co.Supreme Court of Alabama · 1918
- Gambill v. CargoSupreme Court of Alabama · 1907
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