Smith v. Milne

These two actions of tort were tried together. The action against Milne, an attorney at law, was brought to recover damages for bringing an ejectment proceeding against Smith, the plaintiff in this action, without authority from Josephine A. Slack, the plaintiff named in the ejectment proceedings, with malice and without probable cause. The action against Guttentag, a constable, was in substance that he served the writ in the ejectment case maliciously and without authority. In each action the trial judge found for the defendant. In the Appellate Division of the Municipal Court of the City of…