Aalfs v. Aalfs

The question involved in the ease before us is the right of the plaintiff to recover damages for the alleged malicious prosecution of a former action in which the present defendant, as plaintiff therein, sought to rescind a contract between himself and the present plaintiff, who was the defendant therein, and made certain charges of fraud and misrepresentation. The former action, after it had been pending for several months, was dismissed by the plaintiff therein before trial.

After the commencement of the instant action, the defendant filed a motion to dismiss, substantially upon the ground…