Long v. Burley State Bank
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Cassia County. Hon. Edward A. Walters, Judge. Action to recover damages for procuring an attachment wrongfully, maliciously and without probable cause. Judgment for plaintiffs.
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APPEAL from the District Court of the Fourth Judicial District, for Cassia County. Hon. Edward A. Walters, Judge. Action to recover damages for procuring an attachment wrongfully, maliciously and without probable cause. Judgment for plaintiffs. One cannot set up the volume of business done by others to establish the amount that he himself might or would have done. {O’Grady v. Julian, 34 Ala. 88; Smith v. Eubanks, 72 Ga. 280.) At no time did plaintiffs show that this attachment prevented them from completing any work by them undertaken. They did not seek to show what profits they would have…
1Opinion of the CourtMorgan, J.
The respondents instituted this action against the appellant to recover damages for an attachment alleged to have been procured to be levied against their property wrongfully, maliciously and without probable cause. The attachment issued on July 28, 1911, and was dissolved on January 13, 1913. The suit in which the attachment was procured was decided in favor of respondents and against appellant. The property alleged to have been attached consisted of moneys, corporate stock, notes, real estate and a motorcycle. Bespondents claim damages on account of being deprived of the use of the property…
2Cases cited7 opinions
- Central Coal & Coke Co. v. HartmanCourt of Appeals for the Eighth Circuit · 1901
- Bierbach v. Goodyear Rubber Co.Wisconsin Supreme Court · 1882
- Crymble v. MulvaneySupreme Court of Colorado · 1895
- Ames v. ChirurgSupreme Court of Iowa · 1911
- Maskell v. BarkerCalifornia Supreme Court · 1893
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3Cited by4 opinions
- American Fruit Growers, Inc. v. WalmstadIdaho Supreme Court · 1927
- Fulton v. DuroIdaho Court of Appeals · 1984
- Welch v. MorrisIdaho Supreme Court · 1930
- McCullough v. CuthbertIdaho Supreme Court · 1928