Odell v. Holloway

Norman Odell brought action against Ray Holloway for damages for alleged malicious prosecution. Issues being joined, a jury trial was had, which resulted in verdict in favor of plaintiff and judgment was duly entered thereon. Defendant moved for a new trial, which motion was sustained. Plaintiff has appealed from the order granting defendant a new trial.

A solution of the question as to whether or not the verdict was “against law” demonstrates the correctness of the order.

The evidence, as a whole and undisputed, establishes the following facts:

In June, 1928, Odell drew an undated check on a…