Hubert v. the Alta Life Ins. Co.

Opinion by

Cunningham, J.,

The action below was in trespass for an alleged malicious prosecution; the second trial of the case resulted in a verdict for the plaintiff in the sum of $3,500, reduced by remittitur to $2,500; and this appeal is by the defendant insurance company from the judgment entered for the latter amount.

In its assignments appellant complains of the refusal of its point for binding instructions, tbe subsequent denial of its motion for judgment n. o. v., tbe refusal of a new trial, and the entering of judgment upon tbe verdict as reduced. Its contention that its point for…