Schaefer v. Cremer

Citations

• 19 S.D. 656
• 104 N.W. 468
• 1905 S.D. LEXIS 94

Syllabus

<p>The complaint in an action for malicious prosecution alleging that defendant maliciously charged plaintiff in a sworn complaint before a justice of the peace with the crime of macilious mischief, on account of which he was arrested, and, to obtain his release, gave a bond, and that at the time set for the hearing before said justice of said charge said charge was dismissed by the state’s attorney acting for the state, and with the consent of defendant, does not affirmatively show that the malicious prosecution had terminated in plaintiff’s favor before commencement of the action, which is necessary for its maintenance.</p> <p>Haney, J., dissents</p>