Segall v. Garlichs

OTTO', J.- —

-The plaintiff ¡sued defendant under a petition in two counts, the first for false imprisonment, the second for malicious prosecution. Issues were raised by the pleadings, and there was. a trial before a jury. At the conclusion of the plaintiff’s, evidence the defendant presented to the court the following instruction in the nature of a demurrer to the evidence:

‘'The court instructs the jury that under the pleadings and plaintiff’s evidence your verdict should be for the defendant. ’ ’

The record entries and bill of exceptions filed by the defendant recite the offering of the…