Alexander v. Hutchison
Supreme Court of Alabama
Error to the Circuit Court of Coffee. This was an action brought upon a bond given by the defendant in error, upon suing out an attachment against the plaintiff in error, upon an affidavit that he was about to remove his property out of the State, so that thereby the plaintiff in attachment would probably lose the debt, or have to sue for it in another State.
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Error to the Circuit Court of Coffee. This was an action brought upon a bond given by the defendant in error, upon suing out an attachment against the plaintiff in error, upon an affidavit that he was about to remove his property out of the State, so that thereby the plaintiff in attachment would probably lose the debt, or have to sue for it in another State. Upon the trial, the court charged the jury, that if the defendant, when he made the affidavit, had good reason to believe the fact to be as he stated it, in his affidavit, such belief, founded on sufficient reason, in law justified the…
1Opinion of the CourtOrmond, J.
In Kirksey v. Jones, 7 Ala. 622, the question presented upon the record was elaborately considered by this court, and it was then held, “that whenever an attachment is wrongfully sued out, and damage is thereby caused to the defendant in the suit, he is entitled to recover for the actual injury sustained, by force of the statutory provision.” If in addition to- being wrongfully sued out, that is, if the facts do not exist which are the alledged cause for resorting to this extraordinary remedy, it is maliciously, or vexatiouSly sued out, it will aggravate the damages.
It is evident from this…
2Cases cited1 opinion
- Kirksey v. JonesSupreme Court of Alabama · 1845
3Cited by7 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Durr v. JacksonSupreme Court of Alabama · 1877
- McCullough v. WaltonSupreme Court of Alabama · 1847
- Bell v. Seals Piano & Organ Co.Supreme Court of Alabama · 1918
- Metcalf v. YoungSupreme Court of Alabama · 1869
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