Walker v. Smay

The opinion of the court was delivered by

Johnston, C. J.:

This was an action to recover damages for the malicious prosecution of a civil suit. A demurrer to the plaintiff’s evidence was sustained and judgment given for defendant, from which plaintiff appeals.

In the original action E. W. Smay alleged that Gardner P. Walker and three others cut down trees growing upon Smay’s land and converted the timber taken therefrom to their own use, and he asked for treble damages because of the trespass. The trial of that case resulted in a judgment for Walker. Soon afterwards, Walker commenced the present…