Ruston v. Biddle

This was an action for malicious prosecution, brought by the appellee against the appellant, in which there was judgment for the plaintiff. There are three errors properly assigned in this court. 1st. The overruling of a demurrer which was filed by the defendant to the complaint. 2d. Overruling the defendant’s motion for a new trial. 3d. Overruling his motion in arrest of judgment.

The first and third assignments of error present the same question, that is, the sufficiency of the complaint. The complaint alleges that heretofore, to wit, on, etc., at, etc., the defendant falsely, maliciously,…