Verdier v. Verdier

WOOD (Fred B.), J.

Plaintiffs Mrs. Yerdier and Elise Leisner appeal from a judgment of nonsuit in this action for malicious prosecution brought against Mr. Yerdier, Yerna Osborne and Morgan Doyle. Doyle had sworn to a complaint against plaintiffs and two other persons, 1 charging a violation of section 415 of the Penal Code. Upon the trial of those charges all four were acquitted.

The principal question is whether there was evidence that should have gone to the jury on the question whether the misdemeanor action was prosecuted without probable cause.

Mr. and Mrs. Yerdier owned a house in San…