Turner v. Crane

Citations

• 115 Miss. 134
• 75 So. 945

Syllabus

<p>1. Attachment. Wrongful Issuance.' Evidence. Sufficiency.</p> <p>Under the facts set out in its opinion in this case the court held that the court below correctly sustained a perempory instruction for the defendant that the attachment was wrongfully sued out.</p> <p>2. Attachment. Wrongful issuance. Damages. Excessive damages.</p> <p>Wheré on a writ of inquiry to assess the damage sustained by a defendant because of the wrongful suing out of an attachment against a vacant lot, the only testimony relating to any actual damages was that of defendant himself that he had some inquiries to sell the lot, and also some conversation with a gentleman about building a house thereon, but that he was unable to do either, because of the suing out of the attachment and the levy on the lots. These damages were too remote and speculative upon which to base a recovery, but in such case a recovery of attorney fees was correct.</p>