Citty v. Miller

This is an appeal in the nature of a writ of error, prosecuted by E. J. Citty, the defendant below, to reverse a judgment of the circuit court of Hamilton county for $1,300, obtained against him by Clarence J. Miller, the plaintiff below.

In this opinion we will refer to the parties as plaintiff and defendant, respectively, as they stood on the record in the circuit court.

Plaintiff sued defendant for $10,000, as damages for false and malicious prosecution.

In his declaration, the plaintiff alleged that on the 30th day of October, 1923, the defendant, without probable cause, falsely and…