Flora v. Russell

The appellees had caused a search warrant to be issued, under authority of which the home of appellant was entered and searched' for a butt of tobacco, claimed by appellees to have been stolen by appellant from a car of the .appellee, the Ohio and Mississippi Railway Company. No such tobacco was found in or about the residence of appellant.

This action was then instituted by the appellant. The complaint was in three paragraphs, the first counting upon malicious prosecution; the second, upon libel; and the third, upon trespass. A demurrer was overruled to the first paragraph of the complaint,…