Kirby v. First National Bank

This is an action for damages for procuring the issuance of an attachment and levy thereunder without probable cause and with malice. It seems to be founded upon the principles found in the case of Slaughter v. Nolan et al., 41 S. D. 134, 169 N. W. 232. The action is not upon the attachment bond, but is rather in the nature of a suit to recover damages for malicious prosecution.

The plaintiff herein successfully defended against the attachment proceedings in this court in First Nat. Bank v. Kirby, 62 S. D. 489, 253 N. W. 616. The facts therein disclose the foundation of the proceedings in the…