Johnson v. Miller
Supreme Court of Iowa
Appeal from, Blade Hawlc District Court. — Hon. D. J.' Lenehan, Judge. Action for malicious prosecution. There was a trial by jury, by whom certain special findings were returned with a verdict for the plaintiff. The defendants’ motion for judgment on the special findings and in arrest of judgment was overruled, and judgment was rendered for the plaintiff on the general verdict. The defendants appeal.
1Opinion of the CourtGtven, J.
I. The questions presented by this appeal arise upon the defendants’ motion for judgment, and their motion in arrest of judgment; Twenty-eight special interrogatories were submitted to, and answered by, the jury, two of which were at the request of plaintiff, and twenty-six at the request of defendants. The defendants’ motion for judgment on the special findings is upon three grounds, namely: “Hirst. Because it is established thereby that defendants did not institute *695or commence the criminal prosecution complained of by plaintiff. Second.. Upon the facts found, they are protected by the…
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