R. R. v. . Hardware Co.

When this case was before this Court at Spring Term, 1904, it was decided that there was a misjoinder of causes of action. 135 N.C. 73. The plaintiff is now proceeding against the defendant company, not upon attachment bond, but under the principles of the common law, to recover damages for such alleged unlawful seizure. The defendant demurs to the new complaint, filed as a consequence of the former decision of the Court, upon the following (176) grounds: (1) The complaint does not allege the institution of the suit or proceedings by the defendant against the plaintiff without probable cause;…