Smith v. Gerner

Appellee brought this action against appellants for malicious prosecution. From an adverse verdict and judgment for $2,000 the appellants prosecute this appeal.

The only error assigned which presents any question for review is the overruling of appellants’ motion for a new trial. Certain other errors are assigned, but they are such as should be assigned as grounds for a new trial, and in fact, are so assigned in the motion for- a new trial.

Appellant complains of the giving of an instruction by the court on its own motion, and of the refusal to give certain of appellants’ tendered instructions.

A…