Smith v. Patton

Landis, P. J.,

This was an action for malicious prosecution, wherein the court, on trial, directed the jury to render a verdict in favor of the defendants. The facts were uncontradicted, and the question to be determined is whether, under them, the plaintiff was entitled to go to the jury.

*394It appears that the defendants lived in the village of Rawlinsville, in Martic Township, this county. About 11 o’clock on the night of April 30, 1926, two automobiles, with a number of men in them, came to the said village. Mr. Patton said they were shooting and swearing, and a half-gallon measure was thrown…