Majority
p. 920Porter Holden, Resp’t, v. Daniel Staring et al., App’lts.
Headnote
Appeal from a judgment and order denying motion for a new trial. Action for false imprisonment and malicious prosecution. Tried at the Jefferson circuit and verdict rendered for the plaintiff.E. B. Brown, for app’lts; Thompson & Chapman, for resp’t.
Upon the trial the defendants requested the court to hold that no cause of action for malicious prosecution was established, and the court refused so to hold and the defendants excepted. We think this exception was well taken. There was no sufficient proof of want of probable cause to maintain the action for malicious prosecution; therefore, a new trial should be ordered.
Judgment and order reversed and a new trial ordered, with costs to abide the event.