Richards v. Jewett Bros. & Co.
Supreme Court of Iowa
Appeal from O'Brien District Oourt. — Hon. Gr. W. Wake-field, Judge. Action at law to recover damages for malicious attachment. Verdict and judgment for the plaintiff. The defendants appeal.
1Opinion of the CourtSherwin, J.
i. wrongful probable1141 maScend evidence. This is not the statutory action upon the attachment bond, but an independent one, alleging want of probable cause and malice; and, to entitle the plaintiff to a recovery, he must establish both of these propositions. Tallant v. Gaslight Co., 86 Iowa, 262; Carraher v. Allen, 112 Iowa, 168; Frantz v. Hanford, 87 Iowa, 469. In the fall of 1897 the plaintiff bought a small stock of goods at a public sale, paying about one-half of the price in cash. He opened a store in Sheldon, and put it in charge of another, while he continued in his vocation as *630a…
2Cases cited5 opinions
- Goll & Frank Co. v. MillerSupreme Court of Iowa · 1893
- Carraher v. AllenSupreme Court of Iowa · 1900
- Assignment of Lemert v. McKibbenSupreme Court of Iowa · 1894
- Frantz v. HanfordSupreme Court of Iowa · 1893
- Mesher v. IddingsSupreme Court of Iowa · 1887
3Cited by3 opinions
- Arthur Elevator Co. v. GroveSupreme Court of Iowa · 1975
- Palo Savings Bank v. CameronSupreme Court of Iowa · 1918
- Maine v. Waterloo Savings BankSupreme Court of Iowa · 1924