ROUSE v. BURNHAM

No. 342.

51 F.2d 709 (1931)

ROUSE et al. v. BURNHAM.

Circuit Court of Appeals, Tenth Circuit.

August 6, 1931.


Attorney(s) appearing for the Case

John S. Dean, of Topeka, Kan. (John S. Dean, Jr., Frazor T. Edmondson, and George W. Ball, all of Topeka, Kan., on the brief), for appellants.

Tinkham Veale, of Topeka, Kan., and Chas. L. Kagey, of Beloit, Kan. (Lloyd M. Kagey, of Beloit, Kan., on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.


LEWIS, Circuit Judge.

Appellee sued appellants in the state district court of Kansas for malicious prosecution. That case went to trial. After all the evidence was introduced, plaintiff took a nonsuit and six months later instituted this suit on the same cause of action and recovered. The defendants then brought this appeal.

The action is bottomed on four complaints verified by appellant Mangus, wherein Burnham was...

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