Roberts v. Homer P. Snyder Manufacturing Co.

The complaint for malicious prosecution sets forth, among other things, that defendant instituted the criminal proceeding against plaintiff. This allegation was traversed by defendant’s general denial. Later in its answer defendant pleaded some special and partial defenses in the form: “ That in causing the arrest,” defendant did so on the advice of the proper authorities, and without malice, etc. If, as claimed by the appellant, it was error for the court to charge the jury, as a matter of law, that defendant was bound by its admission, in its special defenses, of a fact denied in its…