Milstead v. W. P. Ballard & Co.

HOOD,- Associate Judge.

Plaintiff-appellant brought an action for malicious prosecution, alleging that defendant-appellee, through its agent, maliciously and without probable cause instituted' a criminal proceeding charging plaintiff with having received stolen property, that plaintiff was arrested and on preliminary hearing, at which • defendant’s agent testified/was held for action of the grand jury, and that thereafter the grand jury ignored the charge and refused to indict. Defendant in its answer denied that it acted maliciously or without probable cause, alleged that it merely made a…