Monske v. Klee

VARIAN, Commissioner.

— This is an action for malicious prosecution. The parties reside upon neighboring farms about six miles west of Boise. Appellant’s family consisted of himself, wife and two daughters, aged nine and eleven years, respectively, at the date of the prosecution complained of. At that time respondent’s family consisted of himself and wife. They had no children.

On November 5, 1920, appellant swore to a complaint in Boise Justice’s Precinct, Ada County, Idaho, before Carl H. Norris, Justice of the Peace, charging that respondent Monske:

“On the 3rd and 4th day of November, 1920,…