Smith v. Parman

The opinion of the. court was delivered by

MASON, J.:

Charles W. Smith brought an action against John Parman and others, charging them in several counts with having brought malicious prosecution against him under the ordinances of a city of the second class. Parman filed a plea in abatement, alleging that at the time of the conduct on his part of which the plaintiff complained he was the city attorney and was acting in that capacity. • The trial court held the plea to be good and dismissed the case as to Parman. The plaintiff appeals. It is conceded that Parman was the city attorney at the time…