Davie v. Wisher

This was an action on the case, brought by Thomas Wisher against Daniel S. Davie. The ground of the action was, that Davie had maliciously, and without probable cause, prosecuted Wisher before a justice of the peace, for forgery.

The cause was tried before a jury in the circuit court of Marion county, and a verdict rendered in favor of appellee, for $500. A motion for a new trial was overruled by the court, and judgment rendered upon the verdict.

Davie brings the cause here by appeal, and assigns for error:

First—The court erred in overruling a motion for a new trial, and rendering judgment upon…