Iron Mountain Bank v. Mercantile Bank

Bake well, J.,

delivered tbe opinion of tbe court.

The case presents the same question determined by this court in tbe case of Keber v. Mercantile Bank, recently decided by this court. Tbe plaintiff seeks to avail itself of its common-law remedy for damages arising from an injunction, but does not charge that tbe injunction was an abuse of tbe process of tbe court through malice and without probable cause. In this case the demurrer of defendant was overruled by the court, and plaintiff obtained judgment. In the Keber case the demurrer was sustained. Otherwise, the cases are the same.

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