Labar v. Crane

This case was once before in this Court, and the decision is reported in 49 Mich. 561. On a re-trial the plaintiff recovered judgment for five hundred dollars against the defendant Crane, and the other defendants were acquitted. Crane brings error.

I. The action was brought to recover damages for malicious prosecution. At the time of the trial one Allen, who as justice had issued the warrant by which the prosecution was begun, was beyond the jurisdiction of the court, and the plaintiff offered to put in evidence his testimony given on the first trial. Eor this purpose he called the…