Floyd County Dairies v. Brooks

The first count alleges that after the plaintiff had been arrested under the warrant and put in jail and had stayed in jail for two days the prosecutor voluntarily paid the cost and dismissed the warrant, and that such entry of withdrawal and discharge from custody was a “termination of said proceeding against him.” The majority opinion is that this is not an allegation that the prosecution terminated in favor of the plaintiff. I think where it is alleged that the prosecutor paid the cost and withdrew the warrant and had such order entered on the docket, that it does show an ending of the…