Kellerman v. Vaughan

CLAY, Commissioner.

This is a suit for malicious prosecution brought by Ed Kellerman and his son, Ed Kellerman, Jr. The second amended complaint was dismissed on defendant’s motion for failure to state a claim. The principal controversy rages over Civil Rule 9.02, which somewhat strains our comprehension.

Count 1 of the amended complaint alleges that the defendant appeared before the Fayette County Grand Jury and without probable cause willfully, wantonly, falsely and maliciously charged the father with violating a specific statute relating to misrepresentation of a financial condition. It is…