Levy v. Fleischner, Mayer & Co.

The opinion of the court was delivered by

Dunbar, J.

This was an action upon an attachment bond given by the appellants to Lewis Levy, respondent herein. The plaintiff alleges the actual damage in the attachment proceedings to be $25, but claims $5,650 as exemplary damages. Upon the trial of the cause the jury found for the plaintiff in the sum of $2,010. As the verdict under the pleadings could have been for but $25 for actual damages, on deducting the $400 allowed by the court as attorney's fees in the present action it will be seen that the ver*16diet for exemplary damages, on a demand for $25…