Brooks v. Super Service, Inc.

This is an action for malicious prosecution and is an appeal from a judgment sustaining a demurrer to the declaration and dismissing the plaintiff's cause of action. The only question presented is whether the prosecution complained of had terminated in the plaintiff's favor. The prosecution was begun before a justice of the peace on an affidavit made by the defendant's agent, and from a conviction in that court an appeal was taken to the county court. The allegation of the declaration as to the termination of the prosecution is as follows: "and in said (county) court, after a full and…