Kapischke v. Koch

This was a suit in trespass on the case, to recover damages from appellees for the malicious suing out, before a justice of the peace, and execution of a replevin writ against the appellant. Upon the trial it was made to appear in evidence that the replevin suit was disposed of before the justice in favor of the defendant (appellant) and a writ of retorno awarded. When the plaintiff in the suit now before us rested his case, the defendant interposed what was in effect a demurrer to the evidence, and the trial judge, because of something that had been brought to his attention, or, perhaps, in…