Jaksich v. Guisti
Nevada Supreme Court
Appeal from the Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Action by Peter Jaksich against John Guisti for damages for malicious prosecution of attachment. Judgment for plaintiff for damages for unlawful attachment, and defendant appeals. Statement of Facts This is an appeal from the judgment on the judgment roll alone.
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Appeal from the Fifth Judicial District Court, Nye County; Mark R. Averill, Judge. Action by Peter Jaksich against John Guisti for damages for malicious prosecution of attachment. Judgment for plaintiff for damages for unlawful attachment, and defendant appeals. Statement of Facts This is an appeal from the judgment on the judgment roll alone. The complaint alleged in substance that defendant, on the 1st day of June, 1912, did falsely and maliciously and without probable cause swear to an affidavit, in a suit pending in the justice court of Tonopah township, Nye County, for attachment and, by…
1Opinion of the Court
*110By the Court,
Norcross, J.
(after stating the facts):
It is the contention of counsel for appellant that the judgment cannot be sustained for the reason that this was an action for the malicious prosecution of an attachment, and the court having found that the attachment was not procured maliciously, and that plaintiff in the attachment suit, appellant herein, acted with probable cause in instituting the action and causing the issuance and levy of said attachment, had no other alternative than to render judgment for the appellant — citing Levey v. Fargo, 1 Nev. 415; Fenstermaker v. Page, 20 Nev.…
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