Aetna Casualty & Surety Co. v. Raposa

OPINION

HUGHES, Justice.

The surety on a garnishment bond has appealed by writ of error from a judgment in a suit for wrongful pre-judgment garnishment on the grounds that plaintiffs did not plead and prove a cause of action and alternatively, that the elements of damages pleaded and proved are not proper in such an action.

We affirm in part; reverse and remand in part; and reverse and render in part.

On December 31, 1973, Edward Raposa and his wife, Carol, sued K. E. and Veronica Caspers doing business as K. E. Caspers Construction Company and appellant, Aet-na Casualty and Surety Company, the…