Lee Young v. Jack Boring's, Inc.

SHANGLER, Presiding Judge.

The plaintiffs Young, husband and wife, had judgment against defendant Jack Boring’s Inc., for $8000 actual and $25,000 punitive damages on a pleading for malicious prosecution. The cause of action arose when Boring’s employees repossessed from the Youngs a television set under a replevin which issued from the magistrate on the affidavit of the defendant, and which they found later that day, had been taken by mistake. The replevin action was terminated by the Boring’s dismissal without prejudice, and this action ensued.

The original petition was in multiple counts.…