Lenhart v. Keystone Coal & Coke Co.

Milleb, Judge:

In a case oí alleged malicious prosecution the question' presented for review is whether the court below erred in its final judgment striking out plaintiff’s evidence and directing a verdict for defendant.

The evidence applicable to the pleadings as amended during the trial was that, in August, 1915, the defendant company-through its superintendent sued out of the office of the recorder of the town of Keystone, in McDowell County, under the provisions of chapter 155 of the Code,-a search warrant to search certain premises of the plaintiff with a view to locating certain copper…