Stanley v. Petherbridge

In a justice of the peace court, on February 6th, 1931, Petherbridge swore to a criminal complaint, charging Stanley with embezzlement. "Warrant issued, Stanley appeared and gave appearance bond. On preliminary hearing, complaint was dismissed by the court and Stanley was discharged. Thereafter, March 28,1932, Stanley filed this suit against Petherbridge, claiming damages for malicious prosecution. June 21st, Petherbridge committed suicide, and death certificate was filed herein. July 6th, motion to dismiss on the ground that the death of Petherbridge abates the action. This motion was…