Harper v. St. Joseph Lead Co.

BOHLING, C.

[ 836] Thomas Z. Harper, plaintiff, instituted this action against the St. Joseph Lead Company, a corporation, Byron Ball, and L. B. Smith, defendants. Plaintiff’s petition was in two counts. The first count sought $22,500 actual and $22,500 punitive damages for alleged malicious prosecution. The second count sought $1,000 actual and $4,000 punitive damages for an alleged false im prisonment. The motion of defendant Ball was sustained for a separate trial of the issues under count one on the assigned ground that plaintiff asserted no claim against him under count two. The separate…