Melson v. Calhoun

This is an action to recover damages for malicious prosecution. Plaintiff alleges that defendant, maliciously and without probable cause, caused him to be arrested for a crime for which he was prosecuted and acquitted. The defendant admits that he caused the arrest and prosecution, but resists the action on the ground that he acted without malice and that there was probable cause for the criminal proceedings, and that he acted upon the advice of his attorney. The case was tried before a jury, which resulted in a verdict and judgment for plaintiff for $1,012.50; and defendant appealed.

OPINION.

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