Napier v. Foster

This suit is an action on the case for a malicious prosecution. The defendant pleaded in bar the statute of limitations of one year. — Code of 1876, § 3231. To this plea the plaintiff replied that he had instituted a suit against the defendant on the same cause of action within a year after the accrual of the same, that he had prosecuted said suit to a judgment, that judgment was rendered in his favor, that such judgment was reversed on appeal to this, the Supreme Court, and that within one year from the reversal of such judgment *380the present action was commenced. — Code, § 3235. The defendant…