Supreme Court of Alabama, 1852

Tiller v. Shearer

Supreme Court of Alabama · Decided January 15, 1852 · Phelan

20 Ala. 527

Cases that cite this one

2 later published cases cite this decision.

Jones v. Preuit & Mauldin (United States District Court for the Northern District of Alabama 1984)
Harrison v. Emens (Ala. 1938)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PHELAN, J.

It is essential to the goodness of a deelara.tion in case, for wrongfully suing out an attachment, that it should contain an averment denying specially the truth of the ground for an attachment, set forth in the affidavit. Here the ground set forth in the affidavit was, that “ the said James *528Tiller was about to remove out of tbe State.” This is not specially denied. There is a general averment that “ all said defendant’s action respecting the suing out of said attachment, was wrongful and vexatious,” which the court below held not to be sufficient, on demurrer to the declaration. In this there was no error. See Gould’s Pleading, § 24 to 29 ; 1 Chitty P. 214.

The judgment of the court below is affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.