Western News Co. v. Wilmarth
Supreme Court of Kansas
Error from Shawnee District Court. ACTION by George O. Wilmarth against The Western News Company, a corporation duly organized under the laws of the state of Illinois, brought December 14, 1880, to recover damages for the wrongful and malicious issuance and levy of an order of attachment.
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Error from Shawnee District Court. ACTION by George O. Wilmarth against The Western News Company, a corporation duly organized under the laws of the state of Illinois, brought December 14, 1880, to recover damages for the wrongful and malicious issuance and levy of an order of attachment. Thereafter the defendant demurred to the petition, upon the ground that it did not state facts sufficient to constitute a cause of action against the defendant and in favor of the plaintiff. At the April Term of the court for 1881, and on May 21st, the demurrer was overruled, the defendant excepting. On June…
1Opinion of the Court
*512The opinion of the court was delivered by
HortoN, O. J.:
The petition alleged, inter alia, that the Western News Company — a corporation organized under the ■laws of the state of Illinois — commenced on September 17, 1880, an action against George O. Wilmarth for the recovery of money; that on the day of the commencement of the action, said corporation wrongfully, maliciously and without just or probable cause therefor, obtained an order of attachment in that action against the property of Wilmarth, and thereafter entered the store of Wilmarth, in the city of Topeka, and attached and took…
2Cases cited2 opinions
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