Hahn v. Schmidt

This is an appeal from a judgment and from an order denying the plaintiff’s motion for a new trial in an action for malicious prosecution.

There are hut two exceptions before us.

1. To that portion of the charge of the court contained in the following extract: —

“Now, I instruct you'that this complaint, on the face of it, not only does not state facts which constitute the crime of forgery, or any crime, it merely shows that the plaintiff signed an *285acceptance thus: Joseph Schmidt, per William Hahn; and this in law does not constitute a forgery. Yet the facts stated in the complaint, although not…