Orser v. State

This is an action 'for malicious prosecution brought by John Orser and Charles Tecca against three state game wardens, the Montana Fish and Game Commission, and the State of Montana. The District Court, Park County, granted defendants’ motion for a directed verdict and dismissed the case against them. Plaintiffs’ motion for rehearing was denied, and they bring this appeal.

On the afternoon of February 11, 1975, two state game wardens, Gary Ordish and Randy Smith, were in their quarters at the Blanding Station near Gardiner, Montana. At approximately 5:30 p.m. a local rancher, William Hoppe,…