Kirkham v. Bailey

Action by appellant against appellees for malicious prosecution, it being charged in the complaint that appellees had maliciously caused two actions to be instituted and prosecuted against him. The complaint was in one paragraph, to which appellees successfully demurred for want of sufficient facts. Appellant refused to plead further, and judgment was rendered that he take nothing, and that appellees recover costs. Appeal is from this judgment, and the only error assigned is the action of the court in sustaining the demurrer.

The complaint shows on its face that the alleged malicious…