Warfield v. Campbell

Supreme Court of Alabama

Warfield v. Campbell

35 Ala. 349

CourtSupreme Court of Alabama

DecidedJune 15, 1859

StatusPublished

Cited by2 cases

This text of 35 Ala. 349 (Warfield v. Campbell) is published on Counsel Stack Legal Research, covering Supreme Court of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Warfield v. Campbell, 35 Ala. 349 (Ala. 1859).

Pincite

Opinion

A. J. WALKER, C. J.—

An 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.

Judgment affirmed.

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A. J. WALKER, C. J.—

An 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.

Judgment affirmed.

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Bluebook (online)

35 Ala. 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warfield-v-campbell-ala-1859.

Opinion

A. J. WALKER, C. J.—

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