Supreme Court of Iowa December 20, 1902 (Richards v. Jewett Bros. & Co.)

Sherwin, J.

i. wrongful probable1141 maScend evidence. This is not the statutory action upon the attachment bond, but an independent one, alleging want of probable cause and malice; and, to entitle the plaintiff to a recovery, he must establish both of these propositions. Tallant v. Gaslight Co., 86 Iowa, 262; Carraher v. Allen, 112 Iowa, 168; Frantz v. Hanford, 87 Iowa, 469.