McFadden v. Lane

*625The opinion of the court was delivered by

Pitney, J.

This was an action for malicious prosecution, and resulted in a verdict and judgment for the plaintiff. The assignments of error raise solely the question whether the trial judge erred in refusing defendant’s motions for nonsuit and for direction of a verdict in his favor, both of which motions were rested upon the ground that there was no evidence that the defendant was actuated by malice or that he acted without probable cause in prosecuting the plaintiff.

The evidence returned with the bills of exception discloses that the plaintiff was a…