Painter v. Munn
Supreme Court of Alabama
Appeal from the Circuit Court of Dale. Tried before the Hon. J. M. Carmichael. This action was brought by the appellees against the appellants.
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Appeal from the Circuit Court of Dale. Tried before the Hon. J. M. Carmichael. This action was brought by the appellees against the appellants. On the 27 th day of November, 1894, J. S. Reeves & Co., anon-resident partnership, through their agent, made affidavit that appellees, Dan Munn, George Munn and Tom Edwards, partners doing business under the firm name of Edwards & Munn Bros., were justly indebted to the said J. S. Reeves & Co., in the sum of $1,461.81, by note and account, and also $75 attorney’s fees on said note, and that said Edwards & Munn Bros, were about fraudulenty to dispose…
1Opinion of the CourtBrickell, C. J.
This was an action on an attachment bond to recover damages for the breach thereof by wrongful suing out of the attachment. The original complaint and the second count of the amended complaint were withdrawn, and the trial was had on the first count of the amended complaint. In this count, which claims actual damages only, the only breach assigned is, ‘ ‘the said attachment was wrongfully sued out in this, because the said [plaintiffs] were not about fraudulently to dispose of their property as alleged in the affidavit in said attachment suit.” The defendant demurred to this count on the…
2Cases cited14 opinions
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Fancher Bros. & Co. v. Bibb Furnace Co.Supreme Court of Alabama · 1887
- Kennon v. Western Union Telegraph Co.Supreme Court of Alabama · 1890
- Gamble v. KellumSupreme Court of Alabama · 1892
- Treadwell v. TillisSupreme Court of Alabama · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Jones v. Preuit & MauldinCourt of Appeals for the Eleventh Circuit · 1987
- Alabama Power Co. v. HamiltonSupreme Court of Alabama · 1917
- Bell v. Seals Piano & Organ Co.Supreme Court of Alabama · 1918
- Becker Roofing Co. v. PikeSupreme Court of Alabama · 1935
- Brown v. PEOPLES NAT. BK. OF WASH.Washington Supreme Court · 1951
7 more not listed; retrieve them via the Exa API.