Kennedy v. Wagner

The opinion of the court was delivered by

Smith, J.:

This was an action for malicious prosecution. Judgment was for plaintiff. Defendants appeal.

Plaintiff was arrested and charged with the crime of adultery. A complaint against plaintiff was sworn to by Lewis Wagner charging the offense had been committed against his daughter, Edith Wagner. Subsequently that complaint was dismissed and another case was instituted by means of an information signed by the county attorney direct in district court. At the trial of the criminal case defendant there, plaintiff here, was found not guilty. This action…