Delk v. Colonial Finance Co.

The parties will be referred to as they appeared in the court below, where the plaintiff recovered a judgment entered on a jury verdict of nine thousand ($9,000) dollars, as damages in a suit for malicious prosecution of a civil suit, to wit, proceedings in aid of execution by way of attachment and garnishment.

Plaintiff’s amended petition, in two causes of action, bases his claim upon two affidavits and orders in aid of execution executed by defendant’s attorney, one Schear, filed on December 21, 1959, and January 22, 1960, respectively. Each affidavit was upon a printed form furnished by the…