Buckley v. VanDiver
Buckley v. VanDiver
Opinion of the Court
delivered the opinion of the court.
The final adjudication in favor of the appellee is conclusive evidence that, as to her, the attachment was wrongfully sued out, and' that gave her a right of action on the bond for its breach thus evidenced.
In such action, attorneys’ fees for getting clear of the attachment are recoverable, and, as in this case, by reason of the non-residence of the defendant and liability to attachment for any debt, the contest involved the existence of the debt for which the attachment was sued out, and defeating recovery was defeating the attachment, it is impossible to separate the process from the action, and it was' proper to allow attorneys’ fees for the defense of the case.
Actual damages are recoverable on an attachment bond, when a breach occui’s, and counsel fees are embraced. Marqueze v. Sontheimer, 59 Miss., 430; Kneeland on Attachment, § 456; Drake on Attachment, §§ 175, 176; Wade on Attachment, § 301; 1 Sedgwick on Damages, § 237; 2 Sutherland on Damages, 61.
The sum allowed in this case for attorneys’ fees is supported by evidence.
Affirmed.
Reference
- Full Case Name
- J. E. Buckley v. G. G. VanDiver
- Cited By
- 6 cases
- Status
- Published
- Syllabus
- 1. Attachment. Non-residence. Judgment for defendant. Damages. 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. 2. Same. Damages. Attorney’s fees. Defense of ease. 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. 3. Same. Breach of bond. Actual damages. Attorney’s fees. Actual damages are recoverable on an attachment bond when a breach occurs, and counsel fees are embraced. Marqúese v. Sontheimer, 59 Miss., ■ 430. 4. Same. Damages. Protracted litigation. Case. 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.