Wadkins v. Digman

Williams, Judge:

By this writ of error, awarded on the application of plaintiff, Mary Wadkins, to a judgment of the circuit court of Barbour county, setting aside a verdict rendered in her favor, in an action for a malicious prosecution against the defendant J. D. Digman and granting him a new trial, plaintiff asks to have the order of the lower court reversed and judgment entered here upon the verdict.

Defendant’s motion to set aside the verdict was based on the grounds of an alleged variance between the declaration and the proof, and after-discovered evidence. It does not appear from the…