Roberts v. Mooney

This action of malicious prosecution was brought by Otto H. Roberts, appellant against Louise Mooney and Norman B. Bartlett, respondents. At the close of the testimony, the learned trial court granted the motion of the -defendants for a directed verdict. The appeal is from the judgment and from the order denying a motion for a new trial. Under a single assignment of error, appellant contends that the court erred in directing the verdict.

In the case of Just v. Martin Brothers Company, 37 S. D. 470, 159 N. W. 44, 46, the elements necessary to- warrant an actio-n from malicious prosecution were…