Hayes v. Ketron

Opinion op the Court by

Chiep Justice Clay

Affirming.

In this action for malicious prosecution, P. B. Ketron recovered a judgment against Clarence Hayes for $500, and Hayes appeals.

It is first insisted that the evidence was insufficient to show that Hayes instigated the prosecution. The facts are these: Judge Caudill, the owner, had leased to Hayes a store house and lot on which Hayes had built a filling station. Thereafter Judge Caudill, who owned a workshop nearby, leased the workshop to Ketron, who attempted to put up a filling station in front of the shop. To avoid the competition, Hayes…