NEEL v. PHILLIPS

No. 3033.

251 S.W.2d 421 (1952)

NEEL v. PHILLIPS.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied September 25, 1952.


Attorney(s) appearing for the Case

Harry W. Flentge, Gatesville, for appellant.

Byron L. McClellan, Gatesville, for appellee.


TIREY, Justice.

This is a suit for malicious prosecution. The cause was submitted to a jury and after the verdict was returned the court overruled plaintiff's motion for judgment non obstante verdicto and granted defendant's motion for judgment and entered a take nothing judgment in his favor. Plaintiff has appealed.

Point 13 is to the effect that the trial court erred in refusing to grant plaintiff a new trial because of misconduct of the jury while considering...

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