Brown v. Vittur

The opinion of the court was delivered by

Watkins, J.

This action is for the recovery of ten thousand dollars damages for a malicious prosecution, the plaintiff’s petition *608alleging his arrest under an affidavit made by the defendant, and his subsequent imprisonment thereunder; all, through malice and want of probable cause.

The defendant’s answer admits the affidavit, arrest and imprisonment, but avers that he acted without malice, and upon probable cause.

On the trial there wa's judgment in favor of the plaintiff for the sum of one hundred and twenty-five dollars, and defendant has appealed.

Plain…