Clopton v. Sykes

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.