Haddad v. Chesapeake & Ohio Railway Co.

LyNch, Judge:

Plaintiff complains of the rulings of the trial court' upon defendant's demurrer, sustained, to her declaration, and nil capiat judgment, she having elected to stand on the averments of the first count thereof and declined to amend it. The action is trespass on the case for malicious prosecution. "The declaration charges, in extenso, that defendant, without probable cause, maliciously procured the arrest, indictment and conviction of plaintiff in the intermediate court of Kanawha county for larceny, reversal of the judgment and award of a new trial on writ of error to the circuit…