Fox v. Smith

This is an action of trespass on the case for- malicious prosecution. After verdict for the plaintiff, the defendant petitions for a new trial, and assigns as his reasons therefor the following:

First. The verdict was against the evidence, as grounds for probable cause in commencing this prosecution are shown.

Second. The evidence tending to show the innocence of the plaintiff of the crime alleged was improperly admitted.

Third. .The improper admission of the District Court record and the lack of proof of the criminal proceedings complained of and their termination.

Fourth. The plaintiff assented…