Vandiver & Co. v. Waller
Supreme Court of Alabama
Appeal from the Circuit Court of Wilcox. Tried before Hon. John Moore. This action was brought by the appellee, as administratrix of the estate of W. Lowery Waller, deceased, against the appellants, W. P. Vandiver and Co. and others, based on an attachment bond, and sought to recover damages for the wrongful, vexatious and malicious suing out a writ of attachment against the property of the plaintiff’s intestate during his life time.
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Appeal from the Circuit Court of Wilcox. Tried before Hon. John Moore. This action was brought by the appellee, as administratrix of the estate of W. Lowery Waller, deceased, against the appellants, W. P. Vandiver and Co. and others, based on an attachment bond, and sought to recover damages for the wrongful, vexatious and malicious suing out a writ of attachment against the property of the plaintiff’s intestate during his life time. The conditions of the bond are shown by the opinion, and it is not necessary, for an understanding thereof, to set out the various counts of the complaint in…
1Opinion of the CourtDenson, J.
On the 17th day of June, 1901, W. F. Vandiver & Company sued out an attachment in the circuit court of Wilcox county against W. Lowery Waller, which attachment ran against the estate of said Waller and, on the 17th of June, 1901, was levied by the sheriff of that county on -a- stock of goods, wares and merchandise and store furniture, including an iron.safe, as the property of the defendant in attachment.
On the 30th day of June, 1901, W. Lowery Waller, the defendant in the attachment suit, died.
On the 5th day of August, 1901, Mary Waller, as the administratrix of the estate of W. Lowery…
2Cases cited26 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Ala. Great Southern Railroad v. FrazierSupreme Court of Alabama · 1890
- Daughtery v. American Union Telegraph Co.Supreme Court of Alabama · 1883
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Kirksey v. JonesSupreme Court of Alabama · 1845
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3Cited by30 opinions
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- Robinson v. SteversonSupreme Court of Alabama · 1924
- Bixby-Theisen Co. v. EvansSupreme Court of Alabama · 1911
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