Stoddard v. Roland

The opinion of the court was delivered by

MR. Justice McIver.

The plaintiff brought an action for malicious prosecution against defendant, and at the close of the testimony adduced on the part of the plaintiff, a non-suit was moved for and granted, upon the ground that plaintiff had failed to introduce any testimony whatever tending to show a want of probable cause for the prosecution. The sole question raised by the appeal is whether there was any error in granting the non-suit, though the defendant has, according to the proper practice, given notice that he will endeavor to sustain the…