Roberson Motor Co. v. Heath

HARWOOD, Judge.

As submitted to the jury the complaint in this cause contained three counts, one count being in trespass for the wrongful taking of two automobiles, another count in trover for conversion of the automobiles, and a third count for malicious prosecution. All counts claimed damages of $10,000.

Issue was joined on the defendant’s plea in short by consent, filed separately and severally as to each count.

The jury returned a general verdict in favor of the plaintiff, and assessed damages at $1,000, and judgment was entered accordingly. '

Defendant’s motion for a new trial being timely…