Miles v. Sears, Roebuck and Company

The petition sought damages for malicious prosecution, alleging that the defendant maliciously and without probable cause prosecuted the plaintiff for larceny and that the trial resulted in an acquittal. The court sustained the second ground of demurrer, which was that the petition failed to allege facts which showed that the plaintiff was prosecuted without probable cause, and that no facts were alleged which showed malice. Fifteen days were allowed in which the plaintiff should amend, and in default of •■amendment the action stood dismissed. An amendment was filed which did not add anything…