Harrison v. Emens

BROWN, Justice.

This is an action by a tenant against the landlords and the sureties on an attachment bond, given in an attachment proceeding, sued out by the landlords to enforce the statutory lien for rent and advances for the year 1934. Code 1923, §§ 8799-8813.

While the action is on the bond, as authorized by Code 1923, § 6214, yet so far as “the nature and character of the evidence necessary to sustain it, is to be considered, bears a closer resemblance to an action for malicious prosecutions, than to any other action at common law. It is nec-' essary for the plaintiff to aver in his…