Libby v. Schmidt

The opinion of the court was delivered by

Price, J.:

This was an action to recover damages for malicious prosecution. The defendants were Schmidt, sheriff of Ellsworth County, Anderson, a deputy sheriff of Ellsworth County, and The Fidelity and Deposit Company of Maryland, surety on the sheriff's official bond. The jury returned a verdict in the amount of $2,400 against all three defendants and answered special questions. The sheriff and his surety moved for judgment on the answers to special questions notwithstanding the general verdict. This motion was sustained and plaintiff has appealed…