Tamblyn v. Johnston
Court of Appeals for the Eighth Circuit
-In Error to the Circuit Court of the United States for the Western District of Missouri. This action was brought by Lyt T. Johnston, the defendant in error, against George S. Tamblyn and Robert L. Tamblyn, doing business as partners under the name of Tamblyn & Tamblyn, the plaintiffs in error, and resulted in a verdict in favor of the plaintiff in the lower court.
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-In Error to the Circuit Court of the United States for the Western District of Missouri. This action was brought by Lyt T. Johnston, the defendant in error, against George S. Tamblyn and Robert L. Tamblyn, doing business as partners under the name of Tamblyn & Tamblyn, the plaintiffs in error, and resulted in a verdict in favor of the plaintiff in the lower court. The original petition was amended by leave of court during the progress of the trial, and the trial must be regarded as having taken place under the amended pleadings. The amended petition recited, in substance, that the plaintiff…
1Opinion of the CourtThayer, Circuit Judge
The complaint which was filed in the Circuit Court, the substance of which is given above, states a good cause of action for the malicious abuse of civil process, as distinguished from an ordinary action for malicious prosecution. The gist of the complaint is that the defendants below, who are the plaintiffs in error here, well knowing that the plaintiff below was only indebted to them in the sum of $1,974.11, commenced an action against him by attachment in a foreign jurisdiction, charging the indebtedness to be $5,100, and causing a levy to be made on property of the plaintiff then in…
2Cases cited11 opinions
- Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
- Arkansas Valley Land & Cattle Co. v. MannSupreme Court of the United States · 1889
- Railroad Co. v. FraloffSupreme Court of the United States · 1879
- Union Pacific Railway Co. v. DanielsSupreme Court of the United States · 1894
- Scovill v. GlasnerSupreme Court of Missouri · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Straus v. Victor Talking Mach. Co.Court of Appeals for the Second Circuit · 1924
- Clikos v. LongSupreme Court of Alabama · 1936
- Wilkinson v. Goodfellow-Brooks Shoe Co.U.S. Circuit Court for the District of Eastern Missouri · 1905
- Tuthill v. ShermanSouth Dakota Supreme Court · 1913
- H. F. Wilcox Oil & Gas Co. v. SkidmoreCourt of Appeals for the Eighth Circuit · 1934
2 more not listed; retrieve them via the Exa API.