Lake v. Hargis

Citations

• 82 Kan. 711
• 109 P. 670
• 1910 Kan. LEXIS 327

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Damages — Action on Replevin Bond — Loss of Time — Attorney’s Fees — Expenses. In a replevin action before a justice óf the peace the plaintiff gave the ordinary bond at the commencement of the action. The defendant gave a redelivery bond, and retained possession of the property replevined. Upon the trial the defendant was adjudged to be the owner and entitled to the possession of the property. No appeal was taken. The judgment became final, and the plaintiff paid the costs. Afterward the defendant commenced an action for damages, upon the bond given by the plaintiff, in which he claimed damages for loss of time, attorney’s fees and expenses incurred in making his defense. Held, that in the absence of malice, want of probable cause or bad faith on the part of the plaintiff, damages of this nature 'can not be recovered upon the replevin bond.</p>