Youmans v. Berkner

Taylor, C.

Action for malicious prosecution. The summons was not served on defendant Peabody who had removed to California. The jury returned a verdict in favor of defendant Bosshard and against defendant Berkner. The court rendered judgment for defendant Berk-ner notwithstanding the verdict and plaintiff appealed therefrom.

Plaintiff had been indicted by the grand jury of Hennepin county on the charge that he had obtained property from defendant Boss-hard- by false and fraudulent representations and pretenses. He was tried and acquitted. Thereafter he brought this action alleging that the…