Long v. People's Department Store

BURKE, Judge.

This action, which is one for malicious prosecution, was before this court on a previous occasion when we reversed a judgment entered, notwithstanding the verdict, in favor of the defendants. Defendants’ motion for judgment notwithstanding the verdict had included an alternative motion for a new trial and since this part of the motion had not been considered by the trial judge we remanded the case with leave to the defendants to renew their motion for a new trial. N.D., 74 N.W.2d 80.

The original motion for a new trial was made solely upon the ground that the evidence in the case…