Scott v. Citizens' Hardware & Furniture Co.

O’NIELL, Chief Justice.

Victor Scott sued the Citizens’ Hardware & Furniture Company, Inc., for $5,000 damages for injury to his reputation. He alleged that the defendant, through one of the company’s representatives, maliciously and without probable cause, made an affidavit accusing him of having stolen property hidden in his residence, and obtained a search warrant, on which a deputy sheriff and the representative of the company searched Scott’s residence, but did not find any of the stolen property.

The company pleaded that the petition did not set forth a cause or right of action, because…