Paul v. Leyenberger

This was an action for malicious prosecution, brought by the appellant, Paul, against the appellee, ■Leyenberger. On the trial the plaintiff, in addition to such as tended to support his cause of action, adduced evidence, which was not controveited, showing that he had sustained actual damages, as the direct consequence of his arrest and imprisonment, to the amount of ■ thirty-five dollars.

The jury, upon evidence sufficient to support a verdict of guilty, found the defendant guilty, but gave the plaintiff damages only in the nominal sum of one dollar. The plaintiff moved for a new trial,…