George v. Leonard

WYCHE, District Judge.

This action for malicious prosecution was consolidated for trial with an action for abuse of process, 71 F.Supp. 662. After the completion of plaintiff’s evidence I granted the motion of the defendants for a dismissal in this action upon the sole ground that the prosecution was terminated by agreement between the parties upon the consent of the plaintiff. The case is now before me at my request for reargument, and on plaintiff’s subsequent motion for a new trial.

At the time of granting the motion for dismissal, I stated that the motion was granted on the authority of…