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44 Ala. 336

Gabel v. Hammerwell

Supreme Court of Alabama

Decided January 15, 1870

Supreme Court of Alabama · decided 1870-01-15

Tried before Hon. John Elliott. This was an action brought by the appellant against the appellees, to recover damages for the wrongful and vexatious suing out of an attachment, &c. The affidavit for attachment is not set out in the record, nor does it show the ground on which the attachment was sued out.

Cited by 4 later decisions — most recently November 1897

4 state decisions

Relies on Kirksey v. Jones · Lockhart v. Woods · Wood v. Barker

Good law ✅— No negative treatment on recordhow we know

Decided 1870-01-15

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B. P. SAPPOLD, J.

¶1The suit was by one plaintiff against two defendants for damages for breaches of two attachment bonds executed by them. There was no error in this. Where the same form of action may be adopted for several distinct injuries, the plaintiff may in general proceed for all in one action, though the several rights af*338fected were derived from different titles. — Obit. Plead, vol. 1, p. 201.

¶2The breaches were sufficiently assigned. One of the conditions of the bonds was, that the obligors would pay-to the defendant in the attachment suit all such damages and costs as he might sustain by the wrongful or vexatious suing out of the attachment. Some one of the several causes for which an attachment may issue should have existed and been known to the obligors when they applied for the attachment. They are not confined in their defense to the one alleged in their affidavit. If any of the grounds for-the issue of the attachment existed, it was not sued out wrongfully or vexatiously. If none existed, it was. A clear and well defined material issue was presented by the pleading of the plaintiff. Lockhart v. Woods, 38 Ala. 631; Wood v. Barker, 37 Ala. 60; Kirksey v. Jones, 7 Ala. 622.

¶3The judgment is reversed and the cause remanded.

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