53 W. Va. 536 | W. Va. | 1903
William H. Boggs instituted in the circuit court of Green-brier County, his action at law against the Greenbrier Grocery Co., a corporation, and N. H. Slack. In the declaration as well as the summons it is called an action in trespass on the case. It contains allegations in slander but it sufficiently appears from the whole declaration together that it is an action to recover damages against the defendants named, for forcing the defendant to release certain property from levy levied upon by virtue of an execution issued upon a judgment in favor of the plaintiff against one B. H. Boggs, who was the son of the plaintiff, in order that the defendants might take possession of the property so levied upon, which they did, the plaintiff being induced to so release his levy by threats made by the said Slack. The defendants representing to plaintiff that his son, the said B. H. Boggs, was indebted to them to the amount of several hundred dollars and that unless plaintiff' would go security for the said B. II. Boggs for the said indebtedness and would release the said lien and levy and surrender the said property to the defendants that said defendant Slack would have said B. H. Boggs immediately arrested for felony and sent right away to the penitentiary* and imprisoned therein and would make plaintiff sign a bigger bond to get B. H. Boggs released; that they had plenty by which they could have said B. H. Bogg= arrested and sent to the penitentiary, and that by reason of said threats the plaintiff became and was much distressed and disturbed in mind, and being ignorant, inexperienced and unadvised was so scared, excited and frightened and was by reason of said threats overcome, impelled and unlawfully forced to release said property from said lien and levy and surrender the
Reversed and Remanded.