Johnston v. Duke

MERRILL, Justice.

This is an appeal from a judgment in favor of the defendants in an action for malicious prosecution which resulted from the giving of the affirmative charge without hypothesis in favor of the defendants.

Appellant, plaintiff below, filed a complaint against defendants, on July 7, 1967, which purported to seek damages for malicious prosecution. Demurrer was sustained, the complaint was amended, demurrers were refiled and sustained, and the complaint was amended to comply with the Code form and the refiled demurrers were overruled. Defendants filed pleas of the general issue and…