Miller v. Fox

Plaintiff Robert Miller sued defendant Floyd Fox in District Court, Valley County, for the unpaid balance on a contract for the sale of horses. Plaintiff obtained a writ of attachment against de fendant’s property. Defendant posted a cash bond for release of the attachment and counterclaimed on various grounds including wrongful attachment. After a nonjury trial, District Judge M. James Sorte found that there had been no breach of contract by defendant and that plaintiff had wrongfully attached defendant’s property. Judge Sorte awarded defendant $400 in exemplary damages for plaintiff’s…