Bowlby v. Daniels

McCARREY, District Judge.

The plaintiff filed an action for malicious prosecution which arose when the defendant had the plaintiff arrested for horse theft. The case was tried by a jury, and at the close of the plaintiff’s case, the defendant moved for a directed verdict under Rule 50, Fed.R.Civ.P., 28 U.S.C.A., which was denied without prejudice. Thereafter, at the conclusion of the case, the ‘ defendant renewed the same motion and the Court ordered a verdict directed in favor of the defendant.

The plaintiff then filed a motion to reconsider the directed verdict, which was denied, but since I…