Alexander v. Brown

Since the deprivation of personal liberty suffered by a plaintiff and all circumstances of aggravation attending it constitute elements of damage in an action for malicious prosecution, the present plaintiff’s version of the facts accompanying his arrest and imprisonment is clearly germane to his second cause of action. 54 C.J.S., Malicious Prosecution, section 112.'

G.S. 1-163 provides that “the judge may . . . amend any pleading . . . by inserting . . . allegations material to the case,” and G.S. 1-152 specifies that “the judge may likewise, in his discretion, . . . allow an . . . act to be…