Galloway v. Stewart

Action by the appellee against Galloway, Meadows, Trogden, and Stafford, the appellants, for maliciously prosecuting the plaintiff, before a United States Commissioner, for carrying on the business of distilling without a license.

Issues, trial by jury, verdict for plaintiff, motion for a new. trial overruled, and final judgment for the plaintiff. Error assigned, overruling the motion for a new trial.

The first question presented is with reference to the refusal of the following instruction asked by the defendants : “ If facts existed which would have justified the charge made, showing probable…