69 So. 579 | Ala. | 1915
This action was instituted by the appellee against the appellant. It is in case, not on the attachment bond. — Brown v. Master, 104 Ala. 451, 16 South. 443; Lane v. Ala. Penny Bank, 185 Ala. 656, 64 South. 608. The report of the appeal will contain the amended complaint on which the trial was had. To this complaint no demurrer was interposed.
The court cannot be put in error for refusing that request. While there is evidence of a statement to attorneys by Piper of facts and circumstances pertinent to the matter of the indebtedness to collect which the attachment proceeding was instituted on an affidavit made by the defendant, there is no evidence that the facts and
There was no error committed in its refusal. It was calculated to mislead the jury. Personal ill will, or desire for revenge, or other base passion, on the part of the actor against the defendant in the attachment proceeding, is not essential to make the act of the character here complained. of malicious. “Whatever is done willfully
Malice, in the view of the law, should have been defined in the requested instruction, in order to avoid the tendancy to mislead the jury to the conclusion that the presence of a personal malevolence, and an active, and acted upon, purpose to vent it through the attachment proceedings, were essential to render the actor liable in punitive damages — for that matter, liable at all, since the action here under review cannot be sustained unless malice, as the law contemplates it, was present to color the act complained of.
The memoranda, bench notes, and the minute entries on the records of the circuit court of Jefferson county, made in the attachment proceedings, were clearly not erroneously admitted in evidence.
No error appearing, the judgment is affirmed.
Affirmed.