Hawkins v. Hubbell

This action was brought to recover damages for wrongfully suing out an injunction — not on the bond, hut against the complainants, personally, in the-injunction suit. The chancellor rendered a decree for $1,100, from which a writ of error was prosecuted to this court.

In such an action as the present, where suit is not brought on the bond, it is necessary for the complainant to show malice and want of probable cause, as in actions for malicious prosecution. Pyott Land & Mining Co. v. Tarwater, 126 Tenn., 601, 150 S. W., 539. Defendant herein has made no assignment on this subject, and we need…