Polzin v. Lischefska

Taylor, C.

This is an action for malicious prosecution in which the plaintiff had a verdict and the court rendered judgment for defendant notwithstanding the verdict. Plaintiff appeals.

Plaintiff was indicted for drawing a check on the First National Bank of Springfield and delivering it to defendant in payment for goods purchased, knowing that he had no funds or credit with the bank for the payment of the check. He was arrested on a bench warrant, and thereafter tried and acquitted. This action followed.

To establish his cause of action, plaintiff must prove that the criminal prosecution was…