Nelson v. Hill

OPINION OF THE COURT

PARKER, C. J.

This is an action for malicious prosecution in which recovery was had against the appellant- from which judgment he has appealed.

1. The first point presented is to the effect that the complaint fails to state a cause of action, and consequently will not support the judgment. The argument is that the complaint shows that the accusation, before the justice of the peace, failed to charge a crime, and therefore the wrong, if any, was false imprisonment rather than malicious prosecution.

Some general considerations may tend to clear up what seems to be a much mooted…