Mertens v. Mueller

This is a suit for malicious prosecution, and it is now before this Court upon a second appeal, the first having’ resulted in a reversal of the judgment and the award of a new trial. The action is predicated upon the arrest, indictment, and acquittal of the plaintiff in a prosecution for the alleged larceny of a number of small apple tree clippings produced by the pruning of the trees for planting in the orchards belonging to the firm of E. Mertens’ Sons, in which the defendant was a co-partner. In each instance the case has been brought to this Court on appeal from a judgment in favor of the…