Gulf, Colorado & Santa Fe Ry. Co. v. James

Hobby, Judge.—

This suit for damages grew out of the arrest and alleged malicious prosecution of the appellee, James, for the offense of perjury, by the appellant acting through its general manager, Webster Snyder, and Spillane, his clerk, acting under said manager’s directions, all of whom are jointly and severally sued. The petition contains all of the allegations necessary to maintain the action.

The defense was a general denial, plea of res adjudicata, probable cause, and that appellant acted without malice. Exceptions were sustained to the plea of res adjudicata. A trial resulted in a…