State v. Bailey

• Clark, O. J.

Tbe defendant was tried before a justice of the peace upon complaint of Larry Edmundson, road overseer, for failure to work the public road's. The justice found the defendant not guilty and “adjudged that the plaintiff, Larry Edmundson,' is guilty of malicious prosecution, and that he pay the costs.” The prosecuting witness appealed. In the Superior Court it was adjudged, “Judgment of the justice of the peace affirmed.” The prosecuting witness then appealed to this Court.

This proceeding is in the nature of a civil judgment, from which an appeal lay in behalf of the prosecutor…