Messinger v. Fulton

The opinion of the court was delivered by

Parker J.:

This is a suit to recover damages for malicious prosecution. The plaintiff appeals from the trial court’s action in sustaining a demurrer to his evidence, in rendering judgment against him for costs, and in overruling his motion for a new trial.

The principal question raised by this appeal, and the one on which all other issues involved will stand or fall, is whether the trial court erred in sustaining appellee’s demurrer to appellant’s evidence. On that account, except for a summary indication of our views respecting the propriety of the…