Rowe v. Glen Elder State Bank

The opinion of the court was delivered by

Hutchison, J.:

This is an action for malicious prosecution in which the jury returned a verdict for the plaintiff for $2,000 and the court set off against that verdict and judgment thereon sufficient of a $3,500 judgment to cover that judgment, and rendered judgment for the defendant for costs.

Plaintiff appeals, assigning as errors: first, the overruling of a motion to strike the amended answer from the files because filed out of time and without notice to plaintiff; second, permitting defendant to set off its prior judgment against the judgment of the…