Manlove v. Vick

Citations

• 55 Miss. 567

Syllabus

<p>Action on the Case. Wrongful issuance of injunction. Malice and want of probable cause.</p> <p>An action on the case for the wrongful issuance of a writ of injunction cannot be maintained where the declaration does not aver that the injunction was sued out maliciously and without probable cause, but only that it was done “wrongfully and without any sufficient cause or reason.” In such a case the recovery of damages must be upon the bond of the party obtaining the writ.</p> <p>Qiicere. — Whether, in cases where the statute requires a bond to cover damages, the remedy on the bond is not exclusive of any other action, even if malice and want of probable cause be averred.</p>