Werner v. Bowers

Opinion by

Mr. Justice Schaffer,

This is an action to rceover damages for malicious prosecution. On a second trial, the jury found a verdict in plaintiff’s favor for $3,000, which the trial judge reduced to $1,000. From the judgment entered for this amount defendant appealed to the Superior Court, which affirmed. Our allocatur brought the case here for review.

We can see nothing malicious in the prosecution. Defendant, as landlord, had issued a distress warrant, to collect rent from a tenant. The latter’s household goods had been levied upon and were awaiting sale. The next door neighbor heard…