Section 4.26 Wrongful Attachment
| Library | Creditors' Remedies (2009 Ed. + 2014 Supp) |
A. (§4.26) Wrongful Attachment
An attachment is wrongful if either the grounds on which the plaintiff brought the attachment do not exist or there is no valid cause of action in the primary lawsuit. Wrongful attachment is a tort action, damages for which must be recovered in a separate action after the defendant has prevailed on the merits in the attachment proceeding. United Farm Agency v. Howald, 263 S.W.2d 889 (Mo. App. E.D. 1954). If malice is pleaded and proved, punitive damages will lie. Powell v....
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