Emory v. Eggan

Citations

• 75 Kan. 82
• 88 P. 740

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>Malicious Prosecution — Findings and General Verdict — New Trial Ordered. In an action for damages for the malicious prosecution of a civil action the jury returned a general verdict for plaintiff, and answered in the affirmative that before instituting the action defendant had stated the facts fully to an attorney who, knowing all the facts, advised him to bring the action, and. that it was. brought upon such advice. Upon being polled one of the jurors stated that such was not his answer to the question and refused to stand by it. Thereupon the jury were discharged. Held, upon examination of all the evidence and circumstances of the case, and in view of the importance of the question and the character of the action, the judgment should be set aside and a new trial granted. •</p>