Nelson v. Superior Court

The petitioner, Oscar Nelson, seeks a writ of mandate to compel the respondent court to enter judgment in conformity with the verdicts of a jury rendered in his favor in an action brought by him against J. A. Dried for the recovery of damages for an alleged malicious prosecution.

The proceedings leading up to the application for the writ were these: Bried swore to a criminal complaint accusing Nelson of having stolen $825; and subsequently Nelson sued Bried for malicious prosecution. At the trial of the latter action, the jury was given a number of instructions upon the law of probable cause,…