Kness v. Kommes

De Graff, J.-

— Damages in this case are predicated on malicious prosecution. With the essential elements of the tort this appeal is not vitally concerned. Two propositions are relied upon by appellant for a reversal: (1) That the court erred in the admission.of .evidence showing that costs were .taxed to the prosecuting witness (appellant) in the criminal proceeding entitled State v. Dewey Kness; (2) that the verdict is’excessive. Of these in their order:

I. It appears that, during the examination of the justice of the peace as a witness on the instant trial, that magistrate was permitted to…