Wright v. Fansler

— The questions in this case arise on the ruling denying the appellant a new trial.

The action is to recover damages for a malicious prosecution instituted against the appellee by the appellant. On the trial, the former introduced in evidence the record of a justice of the peace, showing his arrest, the hearing and acquittal upon a charge of larceny preferred against him by the latter; and the justice by whom the judgment of acquittal was rendered testified, on cross-examination, that although the judgment was pronounced on the 17th day of September, 1879, it was not entered of record for…