Roberts v. Keeler

The plaintiff below, Keeler, who was a constable, brought an action for. damages against Roberts, alleging *182in his , petition that the defendant maliciously and without probable cause instituted against him, in a justice’s court, five rules requiring him to show cause why he had not made the money on certain executions which had been placed in his hands for collection. There was no demurrer to the petition, but the case went to trial on its merits, and a verdict in favor of the plaintiff was returned. The case is here at the instance of the defendant, whose assignments of error have been…