Buckley v. VanDiver

Citations

• 70 Miss. 622

Syllabus

<p>1. Attachment. Non-residence. Judgment for defendant. Damages.</p> <p>Where an attachment is sued out on the ground that the defendant is a non-resident, and he is such, although judgment for plaintiff is entered on the attachment for want of a plea in.abatement, yet, if it is adjudicated on the debt issue that plaintiff is not entitled to recover, this is conclusive evidence that the attachment was wrongfully sued out, and defendant has a right of action for damages on the attachment bond.</p> <p>2. Same. Damages. Attorney’s fees. Defense of ease.</p> <p>In such case, as the contest involves the debt, and opposing that successfully defeats the attachment, in a suit on the attachment bond, it is proper to allow as damages attorney’s fees for the defense of the original case.</p> <p>3. Same. Breach of bond. Actual damages. Attorney’s fees.</p> <p>Actual damages are recoverable on an attachment bond when a breach occurs, and counsel fees are embraced. Marqúese v. Sontheimer, 59 Miss., ■ 430.</p> <p>4. Same. Damages. Protracted litigation. Case.</p> <p>In case of an attachment for an alleged debt'of $267, where there has been three trials in the circuit court and two appieals, the defendant finally prevailing, in a suit on the bond, damages on account of attorney’s fees amounting to $150, paid two attorneys for defending the attachment suit, are not excessive, there being evidence to show that the charge was reasonable and the services necessary.</p>