Parks v. Young

GAINES, Associate Justice.

Appellant sued appellee on an open account for $533.25, and caused a writ of attachment to issue against his property. Appellee pleaded in reconvention, alleging that the attachment was wrongfully and maliciously sued out, and claimed damages both actual and exemplary. -

The defendant’s property levied upon by virtue of the writ was sold by order of the judge, and the fund, amounting to $556, was paid into the hands of the clerk of the court. The plaintiff, in order to reach the surplus which would have remained after paying his original cause of action, filed a…