O'Grady v. Julian
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNStby. This action was brought by P. A. Julian, against Dominick O’Grady, to recover damages for the wrongful and malicious suing out of an attachment.
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKiNStby. This action was brought by P. A. Julian, against Dominick O’Grady, to recover damages for the wrongful and malicious suing out of an attachment. The plaintiff was a merchant in Mobile at the time when the attachment was sued out against him, and was indebted to the defendant in the sum of about $85; and the ground on which the attachment was sued out was, that he was about to dispose of his property fraudulently. The ■defendant pleaded not guilty, and justification; and the cause was tried on issues joined on these…
1Opinion of the Court
STONE, ,T.
In receiving proof of “ what was the usual profit made by. such establishments in the neighborhood of the plaintiff in the same kind of business,” the city court clearly erred. Such testimony could furnish no reliable data for determining the loss sustained by plaintiff; while its tendency was to multiply the issues before the jury almost indefinitely. — Gilmer v. City Council, 26 Ala. 665-9; Hubbard v. And. and Ken. R. R. Co., 39 Maine, 506; Standish v. Washburn, 21 Pick. 237; Heywood v. Decreet, 4 Gray, 111.
[2.] There are some embarrassments thrown around the second exception of…
2Cases cited3 opinions
- Donnell v. JonesSupreme Court of Alabama · 1848
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Gilmer v. City Council of MontgomerySupreme Court of Alabama · 1855
3Cited by14 opinions
- Pollock & Co. v. GanttSupreme Court of Alabama · 1881
- Steele v. TownsendSupreme Court of Alabama · 1861
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Durr v. JacksonSupreme Court of Alabama · 1877
- LeClear v. PerkinsMichigan Supreme Court · 1894
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