Magaw v. Beals

Sanderson, J,

This is an action of tort in which the *337plaintiff recovered damages on three counts — two based upon the alleged institution without probable cause of a false and malicious action against her and upon maliciously causing an excessive attachment to be made of her personal property. No question is now raised as to the validity of the verdict for the plaintiff on these two counts.

The plaintiff also recovered damages on the fifth count for conversion alleging that a constable seized, under color of authority of a writ in an action of contract brought by the defendant against the…