March v. Vandiver

This is an action for malicious prosecution. It is founded upon the charge in the petion that defendant maliciously and without probable cause had plaintiff arrested and prosecuted for embezzlement. Plaintiff was acquitted of the crime, and thereupon brought' this suit. The jury gave him a verdict of $1 actual and $1 punitive damages. Defendant has appealed alleging, as the sole ground of error, that his demurrer to the evidence should have been sustained.

The charge of embezzlement upon which plaintiff was arrested was based on the claim made by defend*283ant, Vandiver, that plaintiff, March, was…