Gubele v. Nies

On (May 4, 1931, C. W. Nies, defendant and respondent here, swore to a complaint and caused the arrest of Emil H. Gubele, plaintiff and appellant here, upon a criminal charge. Gubele was apprehended by the sheriff, taken before a justice of the peace, and demanded a preliminary examination. A time therefor was fixed and the state introduced the sworn testimony of six witnesses. The defendant offered no testimony but was discharged, the entry in the docket of the justice in this regard being as follows, “Whereupon the case was dismissed and the defendant ordered released from arrest.” The…