69 Ind. App. 286 | Ind. Ct. App. | 1919
This action was brought by appellee against appellant to recover damages for an alleged malicious prosecution, in which appellee was charged with being guilty of the crime of petit larceny. The .complaint was in one paragraph. Trial was had, and a jury returned their verdict in favor of appellee and assessed his damages at $200. Motion for new trial was made and overruled, and cause appealed to this court
Appellant has filed his motion herein to strike from the files of this case the brief of appellee, because, it is alleged, they do not comply -with the rules of this court. This motion is overruled. The briefs were-
The errors assigned and relied upon for a reversal are: First. The error of the court in overruling the appellant’s motion to make the complaint more specific. Second. The error of the court in overruling appellant’s demurrer to the complaint. Third. The error of the court in overruling appellant’s motion for a new trial.
The motion for a new trial, as found in appellant’s amended brief, sets forth the following reasons for a new trial, viz.: (1) The court erred in overruling the defendant’s motion to make the complaint more specific. (2) The court erred in overruling the defendant’s motion to direct the jury to return a verdict for the defendant, at the close of plaintiff’s testimony. (3) The court erred in giving to the jury, of its own motion, each of the instructions, separately and severally, and designated as Nos. 4, 5, 6, 7, 8, 9 and 10. (4) The court erred in refusing to give to the jury each of the instructions requested by the defendant, and designated as Nos. 1, 2, 3 and 6. (5) The verdict of the jury is not sustained by sufficient evidence. (6) The verdict of the jury is contrary to law.
Appellant also urges that the court erred in refusing to give No. 3 of the instructions tendered and requested by him. The first part of this instruction is as follows: “There is a distinction between individuals prosecuted for private benefit of the plaintiff-, and the malicious prosecution of an offense, misdemeanor, or wrong, which affects the public, * _ * (Our italics.)
There is no question made in appellant’s motion for a new trial as to the admission of incompetent evidence, and no point made in his brief thát the verdict of the jury was founded upon incompetent testimony, and the sole and only question left for our consideration, therefore, is the assignment that the verdict is not sustained by sufficient evidence.
We have carefully read the evidence as found in the bill of exceptions, and there is ample evidence upon which to found the verdict in question.
The judgment is therefore affirmed.