Andrews v. Mitchell

Simmons, Justice.

1. This was an action to recover damages for the wrongful and malicious suing out and execution of a warrant to dispossess the plaintiff of certain premises; and to the declaration filed in the case was attached a copy of the affidavit and warrant, the affidavit being sworn to by Manley as agent of Mrs. Mitchell. The defendants filed a special plea, which is set out in the first head-note. The question is, whether this plea is a plea of justification, or a plea of the general issue or not guilty. At the trial the court below held that it was a plea of justification, but upon…