Buchert v. Schumacher

The ' plaintiff, George H. Buchert, sued the defendants, Emile Schumacher and Carl J. Schumacher, in solido,for damages for a malicious and unsuccessful criminal prosecution based on a charge of malicious mischief. The court below rejected plaintiff’s demand, on the ground that no malice had been proved, since the charge was preferred on the advice of the district attorney. From this judgment, plaintiff has appealed.

The salient facts, as disclosed by the record, are as follows, viz.: For a period of five years plaintiff was a tenant of the defendant Emile Schumacher in the premises No. 6048…