Hetfield v. Mortimer

This is an action for malicious prosecution. Since the case reached this court defendant has died and his death has been suggested upon the record. As the cause of action does not survive at common law (1 C. J. p. 202) or by statute (3 Comp. Laws 1915, § 12383), a reversal puts an end to the case. The judgment, after reduction by the trial judge, is substantial; the record is voluminous and has been read with care having in mind the serious effect to plaintiff’s claim which must follow a reversal.

Plaintiff was secretary-treasurer of the Federal Lumber Company, a Michigan corporation. He kept…