Schmidt v. Leben

KNUDSON, Judge.

This is an action for damages for malicious prosecution, the plaintiff charging that the criminal proceedings were instituted without probable cause and with malice; that he was damaged in the sum of $2,000 actual damages; and for the further sum of $5,000 punitive damages.

'The defendants answered jointly, and except for admitting the corporate capacity of the defendant Bismarck Super Market and that Leonard Leben was the manager, as alleged, and admitting to making the complaint, they denied having acted at any time without probable cause and with malice, and denied all other…