Abbott v. Ledbetter

THOMPSON, J..This is a suit for malicious prosecution instituted in the circuit court of Blount county by Ted Abbott against the defendant, M. M. Ledbetter, seeking to recover the sum of $5,000 damages. At the trial the jury returned a verdict in favor of the defendant below, and the plaintiff has appealed to this court and assigned errors.

Material allegations of the declaration are as follows:

“The defendant on or about the 28th day of November, 1923, appeared before A. C. Brakebill, a justice of the peace of Blount county, Tenn., and then and there falsely and maliciously, and without…