Gastman v. Myer

Defendant appeals from the denial of his motion • for judgment on the pleadings and admissions, or, in the alternative, summary judgment.

Plaintiff instituted this action for malicious prosecution, alleging that defendant had, maliciously and without probable cause, charged plaintiff, in an information filed with a Justice of the Peace, with malicious mischief for causing a tree on defendant’s land to be cut down. On the basis of this information, defendant, allegedly, then procured the issuance of a warrant for plaintiff’s arrest. It is further alleged that plaintiff was acquitted and the…