Wilmering v. Whelan Security Co.

Plaintiff appeals from trial court’s order sustaining defendants’ motions for directed verdict at the close of plaintiff’s case in a suit for malicious prosecution. On appeal plaintiff claims the court erred in sustaining the motion because “PLAINTIFF MADE A SUBMISSIBLE CASE FOR MALICIOUS PROSECUTION AND THE TRIAL JUDGE ERRED BY CHOOSING TO BELIEVE DEFENDANTS’ WITNESS OVER PLAINTIFF AND THUS INVADED THE PROVINCE OF THE JURY BY DECIDING FACTS AND NOT LAW.”

The record on appeal contains a partial transcript. It includes only arguments outside the presence of the jury on defendants’ motions for…