Cook v. Bratton

OPINION OP THE COURT BY

ChIEP JUSTICE MlLLER-

Reversing.

The appellant, Cook, brought this action against the appellees, Bratton and Willis, to recover damages for their alleged malicious prosecution of Cook; and, the circuit court having sustained a demurrer to the petition as amended, Cook appeals.

The action was the result of the indictment and trial of Cook in the Fulton circuit court for committing and maintaining a common nuisance, in the form of a disorderly house at his place of business. The prosecution resulted in Cook’s acquittal. Cook v. Commonwealth, 159 Ky., 840.

The petition alleges…