Florian v. Thies
Supreme Court of Missouri
•Appeal from St. Louis Circuit Court. Defendant in no wise participated in the execution of the attachment process. He neither delivered the writ to the constable nor did he direct him to levy, nor indicate to him the property to be levied on, nor was he present at any time whilst the levy was in force. (Drake At., § 730.) To maintain this action it must appear that plaintiff in the attachment knew that he had no cause of action, and that he acted maliciously therein.
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•Appeal from St. Louis Circuit Court. Defendant in no wise participated in the execution of the attachment process. He neither delivered the writ to the constable nor did he direct him to levy, nor indicate to him the property to be levied on, nor was he present at any time whilst the levy was in force. (Drake At., § 730.) To maintain this action it must appear that plaintiff in the attachment knew that he had no cause of action, and that he acted maliciously therein. (Alexander vs. Harrison, 38 Mo., 258 ; Drake At., § 734.) There was no case made for exemplary or vindictive damages. The…
1Opinion of the CourtWagner, Judge
This was an action for damages for maliciously suing out two writs of attachment against the plaintiff and his property. *91It appears that plaintiff was carrying on a boarding house and saloon business in the City of St. Louis, in a building he had rented from the defendant, and that the defendant without any previous notice, and without any probable cause, as is alleged, sued out the attachments, had the defendant’s property levied upon, and his business closed up; by which he suffered great injury.
The only matters complained of in this court are first, that the Circuit Court erred in refusing…
2Cases cited1 opinion
- Marshall v. BetnerSupreme Court of Alabama · 1850
3Cited by14 opinions
- Block v. United States Fidelity & Guaranty Co.Supreme Court of Missouri · 1926
- Johnson v. King & DavidsonTexas Supreme Court · 1885
- Fry v. EstesMissouri Court of Appeals · 1892
- Guelich v. National State BankSupreme Court of Iowa · 1881
- Gerald P. White v. Chicago, Burlington and Quincy RailroadCourt of Appeals for the Eighth Circuit · 1969
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