Carnahan v. Gustine

The opinion of the court was delivered by

Scott, J.:

This is an action for the recovery of damages in the sum of five thousand dollars ($5,000), as the result of a malicious prosecution. The petition was filed in the district court of O county, on the 18th day of January, 1894. On the same date the attachment affidavit was filed which reads as follows:

“E. M. Carnahan, being duly sworn, says: That he is the plaintiff in the above entitled action; that said plaintiff is about to commence the above entitled action, in the said court, against the said defendants for the recovery of five thousand…