Orth v. Basker

OPINION OF THE COURT BY

PERRY, C. J.

In an action for malicious prosecution the jury rendered a verdict in favor of the plaintiff in the sum of $4000 and judgment was, on November 3, 1927, entered in conformity with the verdict. Thereafter one of the defendants filed a bill of exceptions and the same was allowed by the trial judge. Upon motion of the appellee and with the consent of the appellant the bill of exceptions was dismissed by this court. The motion did not specify npon what ground it was based, but merely referred1 to affidavits filed in its support. Those affidavits indicated that…