Botefuhr v. Leffingwell

Hull, J,

This action comes into this court on petition in error to -reverse the judgment of the court of common pleas. It involves the question, whether an action can be maintained against a party for wrongfully suing out and procuring a writ of attachment, although the plaintiff did not sign the bond in attachment, but it was signed by the surety only; ■ and although the petition does not allege that the attachment was procured maliciously or without probable cause, but simply alleges that it was procured,or that it was grant,-ed wrongfully and improperly.

The plaintiff in error,. John H.…