Smith v. Embry

Townsend, Presiding Judge.

The petition is very loosely drawn and it does not appear upon what cause of action the plaintiff intended to declare. Nevertheless, if the petition states a cause of action under any theory, the general demurrer should have been overruled.

One of the deficiencies of this petition is that it fails to say for what offense the plaintiff was arrested. As to actions for malicious prosecution, “the declaration, petition, or complaint must affirmatively show that a judicial proceeding was instituted against plaintiff, and the original proceeding, including process, must be…