Fine v. Navarre

The defendant appeals from a judgment -rendered against him in the circuit court in an action for malicious prosecution. The defendant had made a complaint against the plaintiff for violation of the liquor law, the charge being that he was engaged in the business of selling, etc., spirituous and intoxicating liquors without having paid the tax of $500, and without having posted the receipt and notice required by law, which resulted in bis acquittal upon the trial at the circuit. This action was Ihen brought.

The counsel for defendant requested the circuit judge to instruct the jury that there…