Ward v. Allen

THOMAS, J.:

At the conclusion of the introduction of plaintiff’s testimony and of certain evidence filed by stipulation a motion of the defendant for a directed verdict was granted. From the consequent judgment appeal was taken.

The action was one for malicious prosecution of the plaintiff on a charge of arson. It was established by the testimony that the defendant, then sheriff, filed an affidavit before the county judge setting out that the plaintiff “did wilfully and maliciously burn in the night time a certain building erected for public use, to-wit: a certain bath house and dance hall, the…