Duval Jewelry Co. v. Smith

— The declaration in this canse was cast in two counts. The first count was predicated on malicious prosecution and the second count on the abuse of legal process. There was a trial on each count separately, the second count being tried first. At the conclusion of the testimony motion for an instructed verdict was granted and plaintiff took nonsuit. The trial on the first count was continued before the same jury resulting in a verdict and judgment in the sum of $4316.40 for the plaintiff. Motion for new trial was denied and writ of error was taken to that judgment.

Many errors were assigned…