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O'HARA v. FERGUSON MACK TRUCK CO.

No. 14153.

373 S.W.2d 507 (1963)

W. H. O'HARA, Appellant, v. FERGUSON MACK TRUCK CO., Inc., Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied November 20, 1963.

Attorney(s) appearing for the Case

Howard H. Hasting, William J. Salyer, San Antonio, for appellant.

Trueheart, McMillan & Russell, San Antonio, for appellee.

BARROW, Justice.

This suit was filed by W. H. O'Hara to recover actual and exemplary damages from Ferguson Mack Truck Co., Inc., for wrongful sequestration of two truck-tractors. The jury verdict was favorable to O'Hara, and found damages in the amounts of $16,000 actual, and $73,500 exemplary. The trial court concluded that there was no evidence to support the jury's finding that Ferguson Company acted maliciously in making the affidavit and procuring the writ of...

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