McElroy v. Catholic Press Co.

The appellant, hereinafter called the plaintiff, brought suit against the appellee, hereinafter called the defendant, for damages for malicious prosecution. On the trial, at the close of the plaintiff’s case, the court instructed a verdict for the defendant, and the plaintiff appeals.

The declaration averred, among other things, that the defendant falsely, maliciously and without probable cause, caused the plaintiff to be arrested, taken before a justice of the peace and by said justice held to the grand jury; that plaintiff was indicted and placed on trial; that the defendant falsely and…