Lemay v. Johnson

This cause brings again before the court the note and mortgage which were collaterally considered in the case of Lemay v. Williams, 32 Ark., 166. The question presented by the record in that case, was whether or not prosecution of an attachment suit' before a justice of the peace, based upon these instruments, and which had been dismissed, was malicious and without probable cause. The court stated hypothetically that if, in fact, the holder of the note had altered the date, without the consent of the maker, and to his prejudice, it was a forgery, and the note void. This was merely the…