Hays v. Anderson
Supreme Court of Alabama
Appeal from Circuit Court of Covington. Tried before tbe Hon. John D. King. Tbe complaint was filed by James T. Hays, appellant, against B. L. Anderson et als. appellees, and is substantially as follows: “ The plaintiff claims of the defendant-dollars, for- tbe breach of a covenant entered into by them on the 15th day of September, 1873, conditioned to pay plaintiff all such damages sustained by him for the wrongful or vexatious suing out process of garnishment against G. F.…
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Appeal from Circuit Court of Covington. Tried before tbe Hon. John D. King. Tbe complaint was filed by James T. Hays, appellant, against B. L. Anderson et als. appellees, and is substantially as follows: “ The plaintiff claims of the defendant-dollars, for- tbe breach of a covenant entered into by them on the 15th day of September, 1873, conditioned to pay plaintiff all such damages sustained by him for the wrongful or vexatious suing out process of garnishment against G. F. U. on a summons and complaint, wherein a suit was instituted against plaintiff by the defendant, B. L. Anderson, on the…
1Opinion of the CourtStone, J.
The present suit is on a’garnishment bond, given under section 2892 of Revised Code, to obtain process of garnishment in aid of a pending suit commenced by summons and complaint. The condition of such bond is to prosecute such suit to effect, and pay the defendant all such damages as he may sustain from the wrongful or vexatious suing out of such garnishment. — Revised Code, § 2931.
In the case of Pounds v. Hamner, at the present term, we said the damages, for which the bond in garnishment is intended to provide an indemnity, are those sustained by the defendant to the suit, not the garnishee.…
2Cases cited1 opinion
- Floyd v. HamiltonSupreme Court of Alabama · 1858
3Cited by9 opinions
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1890
- Treadwell v. TillisSupreme Court of Alabama · 1895
- Dishman v. GriffisSupreme Court of Alabama · 1916
- McLane v. McTigheSupreme Court of Alabama · 1889
- Weems v. WeemsSupreme Court of Alabama · 1881
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