Sears, Roebuck & Co. v. Alexander

FOSTER, Justice.

There is only one question presented by this appeal, raised by demurrer to count 11. That is, whether there can be maintained a civil action in case for causing the malicious prosecution of plaintiff in the recorder’s court for the violation of a city ordinance without alleging that plaintiff was arrested on the charge.

Defendant may cause plaintiff to be maliciously prosecuted in the recorder’s court for the violation of a city ordinance, either by causing a warrant to issue and her arrest on it, or by causing notice to be given her to appear before the recorder at a certain…