Commercial Credit Corp. v. Ensley

Dissenting Opinion

White, J.

The burden was on the plaintiffs-appellees to prove, as an element of their cause of action, that defendant-appellant sued out the writ of attachment without probable cause. “This is one of the cases in which a plaintiff must prove a negative.”1

The evidence before the trial court relevant to that issue was not in conflict. It established the following undisputed facts:

1. In January 1961, the Ensleys sold their house on Kessler Boulevard and moved to Watson Road and received mail from Commercial Credit Corporation at that address.

2. Later in January of 1961, the…