Neel v. Phillips

TIREY, Justice.

This is a suit for malicious prosecution. The cause was submitted to a jury and after the verdict was returned the court overruled plaintiff’s motion for judgment non obstante verdicto and granted defendant’s motion for judgment and entered a take nothing judgment in his favor. Plaintiff has appealed.

Point 13 is to the effect that the trial court erred in refusing to grant plaintiff a new trial because of misconduct of the jury while considering its verdict. A comprehensive statement is necessary.

Plaintiff alleged -substantially that, defendant, on August 31, 1951, maliciously…