Brown v. Donahoo

Marshall, Judge.

Appellants Brown, husband and wife, appeal the grant of a directed verdict against them based upon a counterclaim by appellee Donahoo and the assessment of costs, also in favor of Donahoo. These two actions by the trial court constitute the sole enumerations of error.

The facts show that appellants brought a malicious prosecution complaint against Donahoo. Donahoo answered and counterclaimed for damages based upon an alleged fraudulent contract. The trial court directed a verdict on the counterclaim in favor of Donahoo. Thereafter, the jury returned a verdict for the defendant…