Kellogg v. Scheuerman

The opinion of the court was delivered by

Soott, C. J.

This action was brought to recover damr ages for malicious prosecution. The appellant Christian Scheuerman made complaint before a justice of the peace charging the respondent and one Pratley with burglary in entering appellants’ dwelling house. A warrant was issued and the respondent and Pratley were arrested. Pratley was discharged upon a motion of the prosecuting attorney and the justice of the peace discharged respondent, who thereafter brought this action and recovered damages in the sum of $1,500; whereupon this appeal was taken.

It is…