Jacob Laub Baking Co. v. Middleton

Prior to the beginning of this action for malicious prosecution, Middleton had sued the baking company for personal injuries, and the case was defended by one Sweigert, as attorney for the baking company and as attorney for the insurer which had issued a policy of indemnity. During the trial of that case Middleton’s testimony was taken by a court stenographer, and the affidavit charging the alleged perjury was based on the falsity of that testimony. The record discloses that, upon the advice of Sweigert, this testimony was delivered to the prosecuting attorney. Laub, acting under the advice…