Curlee v. Rose

FISHER, Chief Justice.

This is an action of malicious prosecution, brought by appellee against appellant Curlee, in which he recovered judgment in the court below for $300 exemplary and $300 actual damages.

The appellant filed a complaint against the appellee,' charging him with breaking and cutting a fence around a small pasture. The appellee was tried upon this charge and was acquitted. It appears from the facts that the appellee was in possession of the premises under a contract for the year as the tenant of the former owner, when the latter sold the premises to appellant. The appellee kept…