Oldfather v. Zent

The appellee sued the appellant for malicious prosecution, and recovered judgment, which was reversed on appeal,' the cause being remanded for a new trial. Oldfather v. Zent, 14 Ind. App. 89. The venue was changed to the court below, where the complaint was amended, and issues were formed, which were tried by jury, and a general verdict for the appellee was returned. The overruling of a motion for a new trial is alone assigned as error.

The appellant first presents for our consideration the overruling of his motion to strike out certain testimony. The record shows that “counsel for defendant…