Gerbig v. Gerbig

OPINION

By the Court,

Taber, J.:

In an action for malicious prosecution the Fifth judicial district court, Mineral County, awarded respondent a judgment in the sum of $3,000 compensatory, and $6,000 exemplary and punitive damages. This appeal is from that judgment, and from an order denying appellant’s motion for a new trial.

The parties were married in September 1937, and resided at Hawthorne. Appellant obtained a divorce from respondent at Carson City about June 1, 1940. The trial court gave respondent permission to occupy appellant’s residence at Hawthorne until July 1, 1940, and ordered Mr.…