Dixon v. McClain

Carley, Presiding Judge.

Appellee-defendant swore out a warrant for the arrest of appellant-plaintiff on a charge of battery. The case was tried before a jury and, although appellant’s motion for a directed verdict of acquittal was denied, a verdict of not guilty was returned by the jury. Thereafter, appellant filed the instant tort action, alleging that appellee had “falsely and maliciously and without any reasonable and probable cause whatsoever . . . procured the . . . issu[ance] [of the] warrant. . . .” Appellee answered and, after discovery, moved for summary judgment. The trial court…