Thomas v. Bush

{after stating the facts). Errors are assigned upon rulings of the trial court during the progress of the trial. As none of the testimony admitted over plaintiff’s objection affects the controlling question, and as no proof offered by him was rejected which could affect it, these assignments of error become unimportant. The controlling question of whether the court properly directed a verdict for the defendant is the only one meriting consideration. '

In an action for malicious prosecution three distinct propositions must be established: (1) The fact of the alleged prosecution and that it…