Spies v. Provine

HOBBY, Judge.

—Appellants brought this suit by attachment against the appellee Provine to recover a debt amounting to $2032.40. That the debt was due was admitted. But appellee pleaded in reconvention actual and exemplary damages resulting to him from the levy of the attachment. A trial was had in November, 1888, and a verdict was rendered in favor of appellants for the debt and for appellee for the sum of $2500 actual and $1200 exemplary damages.

The first question presented is whether there can be a recovery by a defendant alone in attachment for damages resulting from the issuance of *355the…