Chamberlin Co. of America v. Mays

The petition stated a cause of action and was not subject to general demurrer as set out in grounds 1 and 12. The contentions made by the defendant in support of its general demurrer were that the petition did not show that (a) the defendant’s attorney acted within the scope of his employment, and consequently the defendant was not liable for his alleged tortious act in having the plaintiff’s property levied upon and taken possession of by the levying officer; (b) the acts of the defendant’s attorney were not the proximate cause of the damage sustained by the plaintiff.

We have carefully…