White Water Valley Canal Co. v. Dow
Indiana Supreme Court
APPEAL from the Franklin Circuit Court. This was an action brought by Dow against the appellants. The declaration alleged that the defendants,maliciously, &c., and without any reasonable or probable cause, procured a writ of attachment to be issued by a justice of the peace, commanding Braving, who was a constable, to summon one Boden, the captain of a certain canal boat of the plaintiff’s to answer the Canal Company in a plea of debt under 100 dollars, and also to attach…
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APPEAL from the Franklin Circuit Court. This was an action brought by Dow against the appellants. The declaration alleged that the defendants,maliciously, &c., and without any reasonable or probable cause, procured a writ of attachment to be issued by a justice of the peace, commanding Braving, who was a constable, to summon one Boden, the captain of a certain canal boat of the plaintiff’s to answer the Canal Company in a plea of debt under 100 dollars, and also to attach the boat, &c.; that tin* constable by virtue of said writ, and by direction of said Canal Com pany attached the boat,…
1Opinion of the CourtBlacefokd, J.
— “On the trial the defendants asked the court to charge the jury, that if they should believe from the evidence that the defendants did not act towards the plaintiff from malicious motives, they should find for the defendants. This instruction was refused. Whether this refusal was correct or not, depends upon the nature of the action. There is in the record an agreement of the parties, stating that the suit before the justice, was for a tort, in the violation of the bye-laws of said Canal Company, in form of debt; and that in the Circuit Court, the Caned Company amended their cause of action…
2Cases cited1 opinion
- Hines v. KinnisonIndiana Supreme Court · 1846