Rowe v. Glen Elder State Bank

'The opinion of the court was delivered by

Johnston, C. J.:

This case comes here by appeal from a decision granting a new trial on the motion of defendants. The action was brought by W. N. Rowe to recover damages from the Glen Elder State Bank, The State Bank of Downs and D. H. Lockridge, for the malicious prosecution of plaintiff upon a charge of feloniously selling and disposing of mortgaged property.

Upon a preliminary examination of the charge in the county court Rowe was discharged, the court holding that there was no *292probable cause that he had committed the offense charged against him. He…