
    Willis et al. v. Galbreath et al.
    
    Submitted May 1,
    Decided June 12, 1902.
    Complaint. Before Judge Roberts. Montgomery superior •court. October 29,1901.
    
      W. T. Burhhalter for plaintiffs. J. B. Geiger, for defendants.
   Lumpkin, P. J.

An action of tort, based, upon an alleged malicious abuse of process by the principals named in an attachment bond, can not properly be joined with an action ex contractu upon that bond against them and the person who signed it as surety.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.  