Smith v. Parman

Citations

• 102 Kan. 787
• 172 P. 33
• 1918 Kan. LEXIS 142

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Malicious Prosecution — A ction Barred — Statute of Limitations. In an action for malicious prosecution, the first count of the petition is held subject to demurrer because the action was barred by the one- , year statute of limitations. (Civ. Code,, §17, subdiv. 4.)</p> <p>2. Same — Action Barred — Statute of Limitations. The second count of the petition is held barred because an amendment alleging that defendants gave false testimony at the trial which resulted in plaintiff’s conviction, brought in a new and different cause of action, and, having been filed more than one year after the cause of action accured, it was too late.</p> <p>3. Same — Conviction in Police Court — Conclusive of Probable Cause. The third count of the petition is held to state no cause of action, because it shows that the prosecution of plaintiff resulted in his conviction; notwithstanding his' appeal and acquittal in the district court, the conviction in the police court is conclusive of probable cause.</p>