137 Ala. 644 | Ala. | 1902
This action is brought upon an attachment bond, and seeks to recover damages for an alleged breach of it. The complaint as originally framed contained only onei count. 'That count was amended as was the complaint by the addition of a second count, A demurrer to both counts was sustained and, plaintiff declining to plead over, judgment was entered for defendant. Appellant's counsel in their argument only insist upon the sufficiency of the adder! or second count. The bond, the foundation of the suit, is set out in full as also is the affidavit upon which the writ of attachment was procured. In the body of the; former only the name of the; principal appears and its condition is to pay' all such damages as the plaintiff in this suit may sustain by the wrongful or vexatious suing out of the attachment writ, etc.
The affidavit discloses no statutory ground existing for the issuing of the1 attachment. The complaint, however, avers; that the atachment was procured upon the filing of the bond and affidavit and that no statutory ground existed for its issuance. It also avers the levy of the writ upon a. stock of goods belonging to plaintiff. etc. to her damage, etc.
The first ground of the demurrer challenges the Yal’difv of fhp bond on fho {rrvrnml that, tup name of two of the defendants, who signed it, as sureties, at.the bot
On the averments of the complaint it is entirely clear tiuu the plaintiff is entitled! to recover at least nominal damages and reasonable, counsel fees alleged to have been incurred bv her in defending the attachment, suit, which we hold is sufficiently averred.
Reversed and remanded.