Barnes v. Culver

Opinion op the Court by

Judge Clarke

— Affirming.

This is an action for malicious prosecution and from a judgment for $500 in favor of plaintiff, the defendant appeals.

The alleged malice and want of' probable cause by defendant in procuring the arrest of plaintiff for vagrancy were denied by the answer and it was alleged that the defendant acted upon advice of counsel in procuring the warrant. The latter defense wag denied hy reply and *11these are the issues that were submitted to the jury with an additional instruction upon the measure of damages. No instructions were offered or objections…