Donnell v. Jones

Citations

• 17 Ala. 689

Syllabus

<p>1. In an action by partners in a mercantile firm to recover damages for the wrongful and vexatious suing out of an attachment against them, in consequence of which their credit was destroyed and their business broken up, the record of the attachment and proceedings thereon is proper evidence to be submitted to the jury.</p> <p>2. In such action, proof of the loss of probable profits, consequent upon the seizure of the plaintiffs’ goods under the attachment, although such loss does not furnish the measure of damages, is nevertheless proper to go to the jury to aid them in arriving at a correct conclusion as to the injury sustained.</p> <p>3. AVhere a bill of exceptions admits of two constructions, that will be ádopted, which is most favorable to the regularity of the judgment.</p> <p>4. So, where it appears that proper charges were prayed for, and the bill of exceptions does not show that they were refused, it will be intended that they were given by the primary court.</p> <p>5. Where the court gives an improper charge, but, before the jury retire, corrects it, and instructs them to disregard it, such charge furnishes no ground for the reversal of the judgment.</p> <p>6. Under a declaration, which avers the wrongful and vexatious suing out of an attachment and the seizure of the goods of the plaintiffs, whereby they have lost the advantage and benefit of their business as merchants, been forced to abandon the same, and been “ wholly ruined in their circumstances,” &c., the plaintiffs may recover the actual injury done to the goods by their seizure under the attachment.</p> <p>7. In an action for wrongfully and vexatiously suing out an ancillary attachment, a fraudulent assignment, made by the debtor three days after-wards, cannot justify the defendant, unless the fraudulent intent on the part of the debtor existed at the time the attachment issued.</p>