Radochio v. Katzen

MeRedith, Judge:

Plaintiff brought his action in the circuit court of McDowell County against defendants, I. Katzen and S. M. Iafolla, charging that they had maliciously and without probable cause procured a warrant for and caused plaintiff’s arrest on the charge of having sold certain beverages containing more alcohol than the law permitted. The action was dismissed as to Iafolla. Upon the trial, the jury returned a verdict of $1000 against Katzen. On his motion, the court set aside the verdict and granted him a new trial. Plaintiff obtained a writ of error.

"Was the court justified in setting…