McMillan v. Day Realty Associates, Inc.

Quillian, Presiding Judge.

The plaintiff appeals from a judgment predicated on the direction of a verdict for the defendant corporation. The sole issue presented is whether the evidence demanded a verdict for the defendant.

The plaintiff sued the defendant for malicious prosecution in that the defendant had the plaintiff arrested and subsequently indicted for theft by taking of “One (1) Lawn Mower, One (1) Weed Cutter and One (1) Swing Blade.” This case was eventually nolle processed.

The plaintiff, who was employed for yard work at an apartment complex owned by defendant, was discharged by an…