Bair v. Shoultz

This is a malicious-prosecution action wherein the plaintiff alleged that the defendant maliciously and without probable cause procured an indictment against him for the crime of larceny of certain slabs worth more than $20. The defendant pleaded a general denial and further alleged disclosure to the county attorney of all the facts he testified to before the grand jury; that the county attorney had advised him to place his testimony before the grand jury and relying thereon and acting under advice of counsel he did so. He testified that he had reasonable cause to believe that the facts he…