McLaughlin v. Davis
Supreme Court of Kansas
Error from Labette Eistriet Cowrt. Trespass, brought by Davis, to recover actual damages sustained by means of the wrongful suing out and levy of an order of attachment. McLaughlin demurred to the petition.
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Error from Labette Eistriet Cowrt. Trespass, brought by Davis, to recover actual damages sustained by means of the wrongful suing out and levy of an order of attachment. McLaughlin demurred to the petition. The district court, at the February Term 1874, overruled the demurrer, and McLaughlin appeals to this court. contended that the action below was for maliciously suing out an attachment, and that the petition should have averred want of probable cause for the suing out of the order, and the determination of the attachment suit; ’and they cited Drake on Attach., 587; 10 N. Y., 236; 30 N. Y.,…
1Opinion of the Court
*169The opinion of the court was delivered by
Brewer, J.:
Davis commenced an action against McLaughlin, and caused an attachment to be issued and levied on his goods. On motion this attachment was dissolved, and thereupon McLaughlin commenced this action to recover damages for its wrongful issue and levy. A demurrer to this petition was overruled, and of this plaintiff in error complains. The petition is not on the attachment undertaking, but alleges the issue and levy of the attachment, its dissolution, that the statements in the affidavit were absolutely false, and that McLaughlin “wrongfully,…
2Cited by17 opinions
- Hoge v. NortonSupreme Court of Kansas · 1879
- Fry v. EstesMissouri Court of Appeals · 1892
- Jacobs v. GreeningSupreme Court of Kansas · 1921
- German National Bank of Lincoln v. KautterNebraska Supreme Court · 1898
- Kerr v. ReeceSupreme Court of Kansas · 1882
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