Hurlbut & Semple v. Boaz

FISHER, Chief Justice.

This is an action for damages, instituted by appellee against the appellants, growing out of an alleged malicious prosecution of the appellee at the instance of appellants, charging him with the offense of embezzlement.

The trial below resulted in a verdict and judgment against the appellants for $4000 as actual and $4000 as exemplary damages.

At the trial of the case, witness Cole, over the objection of the appellants, was permitted to testify, that in a conversation he had with appellee, Boaz, at Fort Worth, he stated to appellee that “he (Boaz) could not blame Hurlbut &…