37 Ark. 160 | Ark. | 1881
The appellee, Shaw, had been sued by Bozeman in an attachment suit. The attachment was not sustained, and, upon its dissolution, a verdict and judgment, under the Statute, had been rendered against Bozeman for wrongfully suing it out.
Shaw afterwards brought this action against Bozeman for suing out the attachment maliciously, and without probable' cause, seeking exemplary or punitive damages.
Malice and want of probable cause were denied by the answer, which also set up the former judgment for damages in the action of attachment. Upon these issues the jury rendered a verdict for $500 against defendant, Bozeman, who appeals.
There was a motion for a new trial, in which the only grounds assigned were, that the verdict was contrary to the law and the evidence. Also, a motion in arrest of judgment, on the ground that the matter of damages arising from tbe transactions had been adjudicated in the former suit. Both motions were overruled.
There is no reason to believe that Bozeman acted dishonestly,' or with actual malice. But on the other hand, there was no positive evidence of the facts upon which the affidavit and attachment were grounded. The jury found there was no probable cause to believe they existed, and. upon that were justified in presuming malice.
The business of plaintiff seems to have been broken upy and his credit injured by the attachment. The jury had evidence before them to justify a verdict for exemplary-damages, and the amount does not seem excessive.
Affirm the judgment.