Talosi v. Tury

368 Mich. 487 (1962)

118 N.W.2d 388

TALOSI

v.

TURY.

Docket No. 44, Calendar No. 49,441.

Supreme Court of Michigan.

Decided December 4, 1962.

J.J. Stoorman (Meyer Weisenfeld, of counsel), for plaintiff.

Paul P. Colombo and Robert J. Colombo, for defendants.

DETHMERS, J.

Plaintiff filed a 1-count declaration. Later he filed an amendment, but it remained a 1-count declaration still. In it plaintiff alleged that defendants, husband and wife, maliciously prosecuted him on a criminal charge and committed an assault and battery on his person.

Long in advance of trial defendants filed a motion to dismiss the…