Ernst v. Bennett

This was an action by Bennett against W. H. Ernst and others for damages for malicious prosecution. This is the second appeal in error. On the former appeal this Court held that the evidence was sufficient to make a case for the jury against W. H. Ernst and remanded the case for a new trial as to him. A. M. Bennett v. B. Walter Ernst et al., opinion filed Jan. 16, 1953, unreported, no certiorari sought.

On the second trial there was a verdict and judgment in favor of plaintiff, A. M. Bennett, against defendant, W. H. Ernst, for $7,500' and the costs.

Defendant appealed in error and insists that…