Warfield v. Campbell

Decided June 15, 1859

Supreme Court of Alabama · decided 1859-06-15

Tried before the Hon. Alex. McKinstry. This action was brought by David L. Campbell, against Hazael Warfield, io recover damages for the plaintiff's arrest and imprisonment under a writ of capias ad satisfaciendum, alleged to have been sued out by the defendant maliciously and without probable cause, on a judgment in favor of Mary J. Witherspoon against said plaintiff. The only plea was the general issue.

Cited by 1 later decisions — most recently June 2019

1 state decisions

Relies on Kirksey v. Jones

Good law ✅— No negative treatment on recordhow we know

Decided 1859-06-15

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A. J. WALKER, C. J.—

¶1An action on the case will lie, tb recover damages for the malicious and illegal suing out of the process of the courts. — McKellar v. Couch, at the last term. The liability to such action extends to the attorney or agent who sues out such process through malice. — Wood v. Weir & Sayre, 5 B. Monroe, 546; Drake on Attachment, § 727; Kirksey v. Jones, 7 Ala. 622. These principles are conclusive to show that there was no error in the charge of the court prejudicial to the appellant.

¶2Judgment affirmed.