Morphy v. Shipley

Opinion by

Mr. Justice Jones,

The suit out of which this appeal grows embraced two separate causes of action, the one, for damage to furniture whereof the plaintiff claimed to be the owner and, the other, for the defendants’ alleged malicious use and abuse of legal process in causing the sheriff to levy upon the furniture and advertise it for sale pursuant to writs of execution issued upon judgments to which the plaintiff was not a party. The learned trial judge excluded the latter cause as lacking legal basis under the facts of the case but submitted the former to the jury which returned a…