McKenzie v. Royal Dairy

Citations

• 35 Wash. 390
• 77 P. 680

Syllabus

<p>Appeal — Briefs—Assignment of Errors — Sufficiency. A brief will not be struck out because it contains no formal assignment of errors, where it is clear that the only error alleged is the sustaining of a demurrer to the complaint, and all the argument is directed to that point.</p> <p>Malicious Prosecution — Conviction of Plaintiff Admitted. An action for a malicious prosecution cannot be maintained where the plaintiffs were admittedly convicted of the offense charged against them.</p> <p>Tortious Injury — Damages—Sale of Poisonous Milk — Connivance of State Dairy Commissioner — Injury by Prosecution and Damage to Business and Reputation. In an action for damages by reason of the sale of poisonous milk to the plaintiffs, resulting in their arrest and prosecution for innocently reselling the same, thereby injuring their reputation and business, the complaint states a cause of action against the state dairy commissioner, as one of the defendants, where it alleges that he was a stockholder in the defendant corporation making the sale, and engaged in selling supplies to it, and to further his own interests connived at the poisoning of the milk, and afterwards caused the arrest and prosecution of the plaintiffs for using and reselling the same, since he would be a joint tort feasor.</p> <p>Appeal — Decision—Assignment op Errors — Dismissal—Costs. Where, in appellant’s brief, no error is assigned as to one of two joint tort feasors, as to whom the action was dismissed upon its separate appearance, and no claim is made that the court erred in entering judgment in its favor, the appeal will be dismissed as to such defendant, with costs where a separate brief was filed.</p> <p>Appeal — Costs. Upon dismissing a joint appeal, as to one of the respondents, and reversing the case as to the other, the appellant is allowed only one-half of his costs of the appeal.</p>