Bell Lumber Co. v. Graham

Defendant in error had judgment against the plaintiff in error in an action for malicious prosecution. The cause is before us on error. There are several questions raised, only two of which are necessary to be considered, that is, the refusal of the court to- give a requested instruction, and the giving of instruction 14.

The requested instructipn was to the effect that if the jury found that the prosecution of the case against the plaintiff in the justice court was terminated by agreement, or settlement of the parties, voluntarily and understandingly made, then the verdict should be for the…