98 Ala. 526 | Ala. | 1893
The plaintiff, J. Newsom, and the defendant, T. J. Pitman, as is shown in the complaint, were partners doing a mercantile business in Girard, Alabama, under the firm name of J. Newsom & Co.; and on the 31st day of August, 1891, as the complaint avers, the defendant maliciously, wrongfully, and without probable cause, sued out, before a justice of the peace, an attachment in his own favor, returnable to the Circuit Court, against said firm of J. Newsom & Co., of which firm he was a member, and caused the same to be levied by a constable on the entire stock of goods, store furniture, books and accounts of said firm ; that by the direction of the defendant, the constable, on the 31st August, closed up the store house of said firm, andkept it closed, until the 12th of September following, and then, without plaintiff’s consent, and without lawful authority, delivered the keys of the house, and the books and accounts, to one M. T. Lynn, and under the pretense of said legal proceeding utterly ousted plaintiff from his business. It further avers that the matters alleged in the affidavit to procure the issuance of the attachment were maliciously false, and he had no grounds to believe them to be true, and it was made for the purpose of vexing, harrassing, and injuring the
The judgment of the court below is reversed, and the cause remanded.
Beversed and remanded.