MILLER, Justice.
J. James Davis, plaintiff (defendant in error here), instituted an action at law for damages against J. E. Darnell, defendant (plaintiff in error here). The parties litigant will be referred to in accordance with the positions occupied by them in the lower court.
The declaration was in trespass on the case and contained two counts. The first charged malicious prosecution. The second is based upon sec. 5781, Code, 1942 sec. 8-630, Code 1950...
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