Casebeer v. Drahoble
Nebraska Supreme Court
Action for malicious prosecution, brought in the district court for Gage county. Trial below before Weaver, J., and judgment for defendants. cited 3 Gilm., 306. Cooley on,Torts, 187. Clements v. Ohrly, 61 Eng. Com. Law, 686. Cooley, 133. Wells v. Parsons, 3 Har., 505. Bliss Code PL, sec. 82. Miller v. Milligan, 48 Barb., 30. cited: 1 Greenleaf on Evidence, sec. 51. Malcomson v. Clayton, 13 Moore, 198.
1Opinion of the CourtCobb, J.
The first thing necessary to prove on the part of the plaintiff was that he had been prosecuted for the crime alleged. A proper if not the only way to do this was by producing the record or records of such proceedings. These records, upon being offered by the plaintiff, were excluded on the ground that the complaint in either case was not signed by both defendants. We do not think it necessary that either of. the defendants should have actually *466made the complaint, but that proof that they caused the plaintiff to be prosecuted would be sufficient on that point. Much less was held to be…
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