Bryant v. Murray

The first assignment of error is based upon the defendant’s exceptions to the refusal of the court below to sustain his motion for judgment as of nonsuit.

The appellant takes the position that the court should have sustained his motion on the ground that plaintiff’s evidence was insufficient to show lack of probable cause. He bases his position on four propositions, which he insists should be considered in combination, as well as singly, as follows:

“(a) Upon the uncontradicted evidence plaintiff participated in the surreptitious taking of property of the defendant in such a manner as to create…