Bair v. Schultz

Plaintiff alleged that defendant with malicious intent and without probable cause procured an indictment against him charging that he stole “certain slabs in excess of the value of $20.00” from defendant. He asked for actual and exemplary damages.

Defendant pleaded a general denial. He further pleaded that he made a full, fair and complete disclosure to the county attorney of the facts he testified to before the grand jury and that the county attorney thereupon advised him to place his testimony before the grand jury, and relying thereon, and acting under advice of counsel, he testified before…