McFarland v. Shirkey

OPINION

Frank Shirkey, defendant-appellant, has appealed on questions of law from the verdict and judgment of the Common Pleas Court of Franklin County, Ohio. In that court, $2,000 damages were awarded against Shirkey and in favor of George McFarland, plaintiff-appellee. In the court below, the petition was regarded as setting forth a cause of action for malicious prosecution.

Shirkey lives in Franklin County near Grove City. On the evening of Sunday, November 8, 1953, his home was burglarized and $790 in currency hidden in a box was stolen.

Shirkey discovered the loss early the next morning,…