Bernstein v. Simon

This is an action for damages for malicious prosecution. There was a directed verdict for defendant, and, upon the overruling of a motion for new trial, judgment was entered accordingly. The plaintiff has sued out this writ, and applies for a supersedeas.

The action was originally instituted by Sam Bernstein, plaintiff in error here, against Herman Simon, the defendant above mentioned, and one Ferdinand Klein. The cause is here after a second trial. The case was dismissed as to Klein at the conclusion of plaintiff’s evidence at the first trial. The plaintiff then obtained a verdict against the…