Newton v. French.

'Opinion op the Court by

Judge Wiluis

— Affirming.

This is an action to recover damages for malicious prosecution, instituted by Sam French against R. D. Newton. A judgment was rendered in favor of French for $1,750, and Newton appeals.

The grounds urged for reversal are that appellant was entitled to a peremptory instruction and that the damages allowed,are excessive. The argument for a peremptory instruction rests entirely upon the contention that, as a matter of law, probable cause was shown. It is said that probable cause was shown by the facts proven, or, if not so shown, that the advice of…