McKenna v. Heinlen

CHIPMAN, C.

Action for malicious prosecution. The court made an order granting 'defendants’ motion for nonsuit and entered judgment accordingly, from which, and from an order denying his motion for a new trial, plaintiff appeals. The original suit, which is complained of as having been maliciously instituted, was a civil action for the recovery of money alleged to have been appropriated by McKenna while in the employ of John Heinlen, and resulted in a judgment in favor of McKenna. Heinlin appealed from the judgment to this court; the appeal was dismissed and the judgment became final.…