Clopton v. Sykes

Mississippi Supreme Court

Clopton v. Sykes

2 Miss. Dec. 515

DecidedMay 2, 1881

StatusPublished

This text of 2 Miss. Dec. 515 (Clopton v. Sykes) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Clopton v. Sykes, 2 Miss. Dec. 515 (Mich. 1881).

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Opinion

Opinion.

Per curiam:

This is an action on the case to recover damages resulting from the wrongful suing out of an injunction.

Many grounds of demurrer are interposed, only one of which we find it necessary to examine. The declaration fails to aver that the writ was sued out maliciously or without probable cause. This is fatal, as was settled in the case of Manlove v. Vick, 55 Miss. 567.

Judgment affirmed.

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Opinion.

Per curiam:

This is an action on the case to recover damages resulting from the wrongful suing out of an injunction.

Many grounds of demurrer are interposed, only one of which we find it necessary to examine. The declaration fails to aver that the writ was sued out maliciously or without probable cause. This is fatal, as was settled in the case of Manlove v. Vick, 55 Miss. 567.

Judgment affirmed.

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Bluebook (online)

2 Miss. Dec. 515, Counsel Stack Legal Research, https://law.counselstack.com/opinion/clopton-v-sykes-miss-1881.

Opinion

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