McCullough v. Walton
Supreme Court of Alabama
Writ of Error to the Circuit Court of Macon. Debt by Walton on an ancillary attachment bond executed' by the defendants, McCullough, Knox and Welsh.
Read the full summary
Writ of Error to the Circuit Court of Macon. Debt by Walton on an ancillary attachment bond executed' by the defendants, McCullough, Knox and Welsh. The condition of the bond recites the suing out of the attachment by McCullough at the suit of Madegan & Devon is to be void “ if the said plaintiffs prosecute their attachment to effect,' and pay and satisfy the defendant all such costs and damages as he might sustain by the wrongful or vexatious suing out of such attachment.” > The declaration assigns the breach of the condition in these terms: “And the plaintiff further avers, that the said…
1Opinion of the CourtGoldthwaite, J.
1. By referring to the statement of the case, it will be seen the attachment was sued out by one of the obligors in the bond as the agent of Madegan &. Devon, and at their suit. The declaration alledges the attachment was wrongfully and vexatiously sued out by the defendants tothis suit; and hence the question arises on the demurrer, whether these parties are answerable on the bond given by them, unless it is shown the attachment was wrongfully or vexatiously sued out by Madegan & Devon. Our statutes allow this process to be sued out by an agent, or attorney, as well as by the plaintiff in…
2Cases cited3 opinions
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Herndon v. ForneySupreme Court of Alabama · 1842
- Alexander v. HutchisonSupreme Court of Alabama · 1846
3Cited by13 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Wallace & Co. v. FinbergTexas Supreme Court · 1876
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Allison-Russell-Withington Co. v. SommersSupreme Court of Alabama · 1929
8 more not listed; retrieve them via the Exa API.