Schrieber v. Clapp

Opinion of the court by

Bueeoed, C. J.:

This is an action for malicious prosecution. The plaintiff, John Sehrieber, Sr., brought his action in the district court of Garfield county against the defendants, Joseph P. Clapp, Cappie Clapp and George Pope, to recover damages for alleged malicious prosecution. The defendants answered denying the averments in the petition, and the cause was called for trial, a jury was empanelled and sworn, and the plaintiff’s attorney made his opening statement. At this stage of the proceedings, counsel for defendants interposed two objections^ one that the petition…