Miller Distributing Co. v. Rollins

Carley, Judge.

Appellee brought suit against appellants in a two-count complaint. Count I alleged a conspiracy to destroy appellee’s business. Count II alleged a claim for malicious prosecution on a “bad check” charge. The case was tried before a jury and, at the close of the evidence, appellee “withdrew” Count I so that the case was submitted to the jury only as to the malicious prosecution claim. The jury returned a verdict for appellee. Appellants appeal from the denial of their motion for new trial.

1. During the trial, appellee caused a portion of an affidavit of one of the appellants to…