Corliss v. Davidson & Case Lumber Co.

The opinion of the court was delivered by

Smith, J.:

This was an action for damages for malicious and fraudulent prosecution of a civil action. Judgment was for the defendant, sustaining a demurrer to plaintiff’s petition. Plaintiff appeals.

The petition stated that plaintiff on August 3, 1936, held a fee-*328simple title to a quarter section of land in Blaine county, Oklahoma; that his son, W. B. Corliss, bought lumber in the amount of $50.56 from defendant and gave a check for $60.16, receiving in addition to the lumber $9.60 in cash; that the name of plaintiff was forged to this check; that…