Hudson v. Zumwalt

The defendants, I. G. Zumwalt and L. J. Lowry, have appealed from a judgment which was rendered against them pursuant to the verdict of a jury, in a suit upon a bond furnished by appellants upon the issuance of a temporary restraining order in another action to terminate plaintiff’s lease of a gas station for breach of covenant to pay the rent. The judgment from which this appeal is taken also includes further damages for malicious prosecution of the suit to terminate the lease. A motion for nonsuit and a motion for new trial were denied.

The complaint in this case was couched in two counts.…