Jacobs v. Greening

Citations

• 109 Kan. 674
• 202 P. 72
• 1921 Kan. LEXIS 344

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Action — Damages for Wrongful Garnishment — Malice Need Not Be Proved. It having been settled in this state that an action for wrongful attachment, hot brought upon the bond, may be maintained without malice being pleaded or proved, it follows the same rule applies as to wrongful garnishment. The circumstance that the affidavit for garnishment may be made upon information and belief while that for attachment must be verified positively, does not justify the application of a different rule.</p> <p>2. Same — Damages for Wrongful Procurement of Restraining Order— Malice Must Be Shown. No action for the wrongful procurement of a restraining order (not brought upon a bond) will lie without a showing of malice.</p>