Keylon v. Kelley

In this action for damages for alleged malicious prosecution, summary judgment was granted on motion of defendant. Plaintiff appeals.

Plaintiff’s complaint alleges, in substance, that on October 31, 1957, defendant swore to a criminal complaint charging plaintiff with the crimes of assault and disturbing the peace; that defendant had no probable cause therefor and filed said charges with malicious intent to injure plaintiff; that on trial said criminal complaint was dismissed; that plaintiff was damaged. Defendant, by answer, admitted filing the criminal complaint, denied lack of probable…