Miller v. Jones

In tbe court below tbe defendants did not challenge tbe sufficiency of tbe evidence to go to tbe jury or to. support tbe allegation of negligence, except in one respec1&wkey;that it did not show any willfulness, malice or corruption on tbe part of tbe defendants. It will be seen that at a former bearing, tbe demurrer to tbe complaint for that it did not charge that tbe acts of tbe defendants were done maliciously, was sustained; and instead of appealing therefrom, tbe plaintiff amended bis complaint by so charging. That became tbe theory upon which tbe case was tried below, and upon which it…