Pixley v. Reed
Supreme Court of Minnesota
Action for damages for maliciously and without probable-cause procuring the plaintiff’s property to be seized on a writ of attachment in an action brought against her in the same-court by the defendants, the writ having been issued on the affidavit of defendant Beed, which stated that she was about to dispose of her property with intent to defraud her creditors, which statement is charged in the complaint to have been false, and made without probable cause and maliciously.
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Action for damages for maliciously and without probable-cause procuring the plaintiff’s property to be seized on a writ of attachment in an action brought against her in the same-court by the defendants, the writ having been issued on the affidavit of defendant Beed, which stated that she was about to dispose of her property with intent to defraud her creditors, which statement is charged in the complaint to have been false, and made without probable cause and maliciously. A general demurrer to the complaint was overruled by the district court for McLeod county, Macdonald, J., presiding, and…
1Opinion of the Court
G-ii/fillan, C. J.
In this case no improper use of the attachment after it issued is alleged. No excessive levy or unnecessarily harsh use of the writ is charged. The action cannot be sustained as an action for abuse of legal process. Such was the character of the action in Grainger v. Hill, 4 Bing. N. C. 212, and Page v. Cushing, 38 Maine, 523. Such an action is different from that for malicious prosecution. The wrong here, if any, was in procuring the attachment to issue. The action is analogous to the ordinary -action for malicious prosecution in a civil or criminal action, and it must be…
2Cited by11 opinions
- Virtue v. Creamery Package Manufacturing Co.Supreme Court of Minnesota · 1913
- Linder v. FosterSupreme Court of Minnesota · 1940
- Waring v. FletcherIndiana Supreme Court · 1898
- Nelson v. National Casualty Co.Supreme Court of Minnesota · 1929
- Rachelman v. SkinnerSupreme Court of Minnesota · 1891
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