Bundy v. Capital National Bank & Trust Co.

In this action for malicious prosecution, the plaintiff appealed from the refusal of the court to set aside the verdict for the defendants (the bank, Eddy its president and Countryman its counsel) and from the judgment. The first appeal was not pursued. The appeal from the judgment contains no less than thirty-nine assignments of error. As in most actions of this character, the facts are involved and the legal issues rather technical. Since we find reversible error in the charge as delivered, only such of those facts and legal issues are fully discussed as are necessary to a presentation of…