Smith v. McDaniel

In this case the appellee filed a complaint against the appellant-in the Clark Circuit Court for malicious prosecution. The complaint was in two paragraphs, but inasmuch as the issue joined upon the first paragraph was not submitted to the jury by the court it will be unnecessary to regard it in this opinion.

The second paragraph charged substantially that on the 11th day of June, 1889, the appellant “ falsely and maliciously, and without probable cause,” procured the appellee to be indicted for “ the crime of trespass, by reason whereof the appellant was arrested and compelled to give bail in…