King v. Montgomery
Before: Niles
Synopsis
Damages for Suing out Attachment.—In an action for damages for maliciously suing out a writ of attachment, and causing the same to be levied on the property of the plaintiff, the complaint must aver that the writ was sued out and prosecuted without probable cause.
Dismissal of Action.—When a cause is called for trial, the action may be dismissed on motion of the defendant if the complaint does not contain a cause of action, and the plaintiff declines to amend.
By the Court, Niles, J.: The complaint contained no averment that the action against Dobbs and King was commenced, or the writ of attachment sued out and prosecuted, without probable cause. In this the complaint was clearly insufficient, and the plaintiff declining to amend, the motion to dismiss was properly granted.
Judgment affirmed.
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