Roberson v. McCarley

SIMPSON, Justice.

Plaintiff McCarley recovered a judgment of $4,000 against the defendant, Roberson, in an action of malicious prosecution and Roberson has appealed.

We entertain the view that no error to reverse intervened pending trial; but on the whole evidence, do conclude the damages awarded were excessive and that a remittitur should be ordered. Code 1940, Title 7, § 811. In this view, therefore, we will discuss but briefly the other assignments of error.

The matter of the continuance requested by the defendant because of absent witnesses was within the discretion of the trial court and,…