Alexander v. West

This is a suit to recover damages for malicious prosecution, and comes before us on error assigned to the judgment of the trial court in sustaining a demurrer and dismissing the petition. The suit is predicated on the arrest and prosecution of the plaintiff on a warrant issued by a justice of the peace, based on an affidavit therefor, and on an accusation in the city court, charging that the plaintiff, in the county of Eloyd, “on the - day of - in the year 1904,” did “commit the offense of selling or otherwise disposing of mortgaged property.” The petition, by amendment, further alleges, that…