Ofschlager v. Surbeck

This -action was brought to recover, damages for an alleged malicious prosecution. The defendant caused the arrest of plaintiff upon the charge of assault in the third degree. She was tried and acquitted -and this action brought. The important question herein whether defendant had probable cause for instituting said criminal proceedings is largely dependent upon the character of the occupation had by plaintiff and her husband of a certain house belonging to defendant. For concededly, upon the occasion complained of by defendant in his criminal proceedings, plaintiff did commit upon defendant…