Fenstermaker v. Page

By the Court,

Belknap, J.:

This is an action to recover damages for an alleged malicious prosecution. The complaint charges that defendant falsely and maliciously, and without reasonable or probable cause, instigated a criminal proceeding against the plaintiff for the alleged crime of wounding cattle, the property of another man, by reason whereof plaintiff was damaged, etc. The cause was tried in the district court. When the plaintiff rested his case, a motion for nonsuit was allowed, based upon the ground of failure to prove want of probable cause for, and malice in, the prosecution of the…