Johnston v. Byrd

This suit for malicious prosecution was filed in the Circuit Court of Mobile County by Calvin S. Byrd against J. B. Johnston and Citronelle Timber and Auto Center.

The jury returned a verdict in favor of the plaintiff against the defendants in the sum of $31,630. Judgment followed the verdict. The defendants filed a motion for new trial, which was denied. Thereafter the defendant J. B. Johnston appealed to this court.

Defendant Johnston, at the time of the alleged malicious prosecution, was engaged in the timber and pulpwood business. He inade contracts with others, including plaintiff, to cut…