Kuhnhausen v. Stadelman

This is an action to recover damages for malicious prosecution. The plaintiff had a verdict and judgment and the defendant has appealed.

As one ground of reversal it is contended that the complaint does not state a cause of action. The defendant did not demur to the complaint, and the question was raised for the first time on the trial by objections to the evidence and, later, by motions for a nonsuit and directed verdict. The argument is, that the foundation for the action of malicious prosecution is a criminal proceeding in a court having jurisdiction of the alleged offense and that the…