Whipple v. Fuller
Supreme Court of Connecticut
IN ERROR. This was an action brought by Fuller against Whipple, for a vexatious suit. The declaration comprised two counts.
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IN ERROR. This was an action brought by Fuller against Whipple, for a vexatious suit. The declaration comprised two counts. In the first, the plaintiff alleged, that the defendant, not having any reasonable or probable cause of action, maliciously procured a writ of attachment against the plaintiff in an action on the case for slander, in which the defendant demanded of the plaintiff the sum of 3000 dollars for damages; that the defendant maliciously caused the plaintiff’s property to be attached, by virtue of such writ of attachment; that the writ being returned, said suit, by legal removes…
1Opinion of the CourtChurch, J.
The declaration in the case to be reviewed on this writ of error, contains two counts: One founded upon the statute of this state to prevent vexatious suits, in which the plaintiff demands, under that statute, to recover treble damages ; and the other is a count at common law for the malicious prosecution of a vexatious and malicious civil action.
Several objections are urged, by the defendant, against the first count, which are of little importance, and of which we need not speak, any further than to say, that we do not recognise their validity. But the defendant in the court below, the *584presen…
2Cases cited3 opinions
- Allyn v. MatherSupreme Court of Connecticut · 1832
- Luddington v. PeckSupreme Court of Connecticut · 1818
- Swift v. ChamberlainSupreme Court of Connecticut · 1821
3Cited by29 opinions
- DeLaurentis v. City of New HavenSupreme Court of Connecticut · 1991
- Mulligan v. RiouxSupreme Court of Connecticut · 1994
- Kolka v. JonesNorth Dakota Supreme Court · 1897
- Pennsylvania Co. v. WeddleIndiana Supreme Court · 1885
- Johnson v. King & DavidsonTexas Supreme Court · 1885
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