Voss v. Bender

The opinion of the court was delivered by

Mount, J.

This is an action upon an attachment bond. Upon a jury trial in the court below, the plaintiff recovered the fall amount of the bond. Defendants appeal.

The errors alleged are that the court overruled a demurrer to the complaint, based upon the ground that the complaint joined an action in tort with one in contract; that the evidence showed that the defendants had probable cause to believe the ground upon which the attachment *568issued; that the court permitted plaintiff’s attorney to attack in his argument to the jury the defense based on the…