Ladd v. Townsell

HARWOOD, Judge.

Plaintiff below sought damages for an alleged malicious criminal prosecution by the defendant.

Count A of the complaint, which will hereinafter be set out, was the only count submitted to the jury.

The defendant’s demurrers to the complaint being overruled, he filed pleas of the general issue, and a special plea of set off, claiming $200 damages resulting from defendant’s having paid a note in that amount as surety for the plaintiff on said note,

In this state of the pleadings issue was joined.

In the trial below the court gave the general affirmative charge in favor of the…