Randol v. Kline's Incorporated

This is an action to recover damages for malicious prosecution, the petition praying $50,000 actual and $50,000 punitive damages. At the close of plaintiff's evidence, the court gave a peremptory instruction to find for defendant, and plaintiff suffered and took an involuntary nonsuit with leave to set the same aside. Within four days, plaintiff filed her motion to set aside the nonsuit so taken, which the court overruled, and plaintiff appealed from the judgment entered on the ruling.

The facts submitted warrant the finding that plaintiff, thirty-eight years of age, was born in Newton County,…