Dubois v. Travelers Indemnity Co.

I submit that the majority has disregarded the trial court’s factual determination of credibility of the witnesses and respectfully dissent.

In written reasons the trial court stated that the evidence did not support an award for special or general damages, but $50 was awarded because of the testimony that plaintiff worried about the seizure.

The claim for damages is based on the improper issuance of a writ of fieri facias on November 7, 1969. This writ was served on Dubois on December 7, 1969. On December 15, 1969 Dubois obtained a temporary restraining order preventing proceedings under the…