Lancaster v. Pitts

Appellee, Pitts, sued appellant, Lancaster, for damages based on malicious prosecution in causing appellee to be criminally prosecuted for trespass in cutting- trees belonging to appellant and on his land.

Upon an issue made up by the pleadings, the cause was submitted to a jury, which returned a substantial verdict in favor of appellee; judgment wa.s accordingly entered, and from that judgment appellant prosecutes an appeal here.

Appellant was refused a. peremptory instruction by the court below, and this refusal is assigned here as error. There are other assignments of error, but we shall…