80 Iowa 710 | Iowa | 1890
II. The jury were instructed that if the attachment was wrongfully sued out the plaintiff was entitled to recover $36.40 as actual damages. The allowance of this amount was not made to depend upon any other condition or inquiry except that they • find that the attachment was wrongfully sued out. It follows from this instruction that the verdict must have been based upon a failure to find that the attachment was wrongfully sued out. It surely was not because no damage was proven. Appellant contends that this finding is not supported by the evidence. A discussion of the testimony on this point is unnecessary. It is sufficient to say that there was evidence tending to support the finding, and as well conflicting and explanatory testimony. That there was a conflict in the testimony on this issue is evidenced by. the arguments of counsel. A reading of the record leads us to the conclusion that the verdict of the jury for the defendant was because they failed to find that the attachment was wrongfully sued out, and that said finding has such support in the evidence that the verdict should not be disturbed upon that ground.