Jones v. Phillips Petroleum Co.

This is an action for the malicious prosecution of a garnishment proceeding. There was a verdict and judgment in favor of plaintiff for compensatory damages in the sum of $1000 and for punitive damages in the sum of $2000. Plaintiff involuntarily remitted $500 of the compensatory damages, and defendant has appealed.

The facts show that on September 26, 1941, defendant obtained a judgment in the sum of $49 against one Clarence L. Jones, (not the plaintiff although a person of the same name) before a Justice of the Peace in Kansas City; that on October 21, 1941, a summons of garnishment, upon…