O'quin v. Charles Stores

HAYES, District Judge.

This is a motion for a new trial under Rule 59 and for judgment in its favor notwithstanding the verdict under Rule 50 (b), Federal Rulés of Civil Procedure, 28 U.S.C.A. After notice, a hearing on the motion was held, arguments were heard and written briefs were filed.

The plaintiff L. R. O’Quin sued the defendant for $15,000.00 actual damages and $15,000.00 punitive damages growing out of an alleged malicious prosecution. The *241case was tried before a jury which found that the defendant procured the institution of a criminal prosecution against the plaintiff in the…