Rose v. Whitbeck

Plaintiff, Betty Rose, brought this action for malicious prosecution against her brother-in-law, Ted Rose, and sister-in-law, Nettie Whitbeck. This action arises out of a family quarrel involving the probate and distribution of assets in the estate of LeRoy D. Rose. Defendants appeal from a judgment entered on a jury verdict in favor of plaintiff.

Defendants contend that the plaintiff failed as a matter of law to prove that the criminal proceedings against plaintiff were instituted by defendants, that defendants lacked probable cause, or that the proceedings were terminated in plaintiffs…