McCain v. Andrews

Plaintiff in error, J. L. McCain, instituted a common law action in the Civil Court of Record for Duval County against defendants in error to recover damages for malicious prosecution. A demurrer to the declaration was sustained and the cause was thereafter dismissed by the plaintiff. A new action was brought in the Circuit Court on the same ground, and the declaration was held bad on demurrer. Plaintiff declined to plead further, final judgment was entered for defendant and plaintiff took writ of error.

The sole question we are called on to answer is whether or not a municipal corporation is…