SIMPSON, Justice.
Plaintiff McCarley recovered a judgment of $4,000 against the defendant, Roberson, in an action of malicious prosecution and Roberson has appealed.
We entertain the view that no error to reverse intervened pending trial; but on the whole evidence, do conclude the damages awarded were excessive and that a remittitur should be ordered. Code 1940, Title 7, § 811. In this view, therefore, we will discuss but briefly the other assignments...
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