Colby v. Backus

The opinion of the court was delivered by

Gordon, J.

Appellant was the complaining witness in a prosecution instituted before the respondent, a justice *348of the peace of the county of Spokane, in which certain parties were charged with trespass. The trial resulted in the acquittal of the defendants therein, and the court, having found that the complaint was frivolous and without probable" cause, ordered and adjudged that the complaining witness (appellant here) should pay the costs. Thereafter appellant obtained a writ of review from the superior court and on a hearing had thereon the judgment…