Commercial Investment Trust, Inc. v. William Frankfurth Hardware Co.

The trial court held in its written opinion, and the defendant now contends, that the plaintiff can only recover damages where its cause of action is based upon malicious prosecution, and second, that under the provisions of sec. 2771 of the Statutes the plaintiff cpuld have filed a bond in the civil court proceedings and obtained possession of the property, and thereby have prevented any damages from accruing.

The remedy afforded by garnishment is purely statutory, *24and though in its nature a proceeding in rem it is in effect an action by the defendant in the plaintiff’s name against the…