Tyler v. . Mahoney

ClaeK, 0. J.

This is an action to recover damages to bis crops by an attachment levied in an action brought by tbe defendants against tbe plaintiff in 1903.' That action was before this Court, Mahoney v. Tyler, 136 N. C., 40, when it was held that though the attachment had been wrongfully sued out, the defendant in that case could not recover damages therein, but must bring an independent action for that purpose. That was done by this action, which was before this Court, Mahoney v. Tyler, 166 N. C., 509. This Court held therein that it was not necessary to prove malice in order to recover…