Greenlee v. Ealy

Defendant procured the arrest of the plaintiff on charge of larceny, but withdrew or abandoned the prosecution before the cause came on for trial. Prior to the institution of this proceeding, plaintiff had caused the arrest of defendant on charge of assault, and on trial to a jury there was a verdict of not guilty. Thereafter plaintiff brought this action, alleging that in instituting the prosecution against him for larceny defendant acted maliciously and without probable cause and demanding damages. Defendant answered in denial and by way of counterclaim alleged that plaintiff’s prosecution…