WEISENBERGER v. MUELLER

No. 7679.

89 N.W.2d 559 (1958)

Jacob WEISENBERGER, Plaintiff and Respondent, v. H. E. MUELLER, Defendant and Appellant.

Supreme Court of North Dakota.

Rehearing Denied April 29, 1958.


Attorney(s) appearing for the Case

Hyland, Conmy & Donahue, Bismarck, for appellant.

J. K. Murray, Bismarck, for respondent.

Milton K. Higgins, Bismarck, amicus curiae.


BURKE, Judge.

In his complaint in this action plaintiff alleged that the defendant had maliciously and without probable cause instituted a criminal proceeding against him in which he was charged with the embezzlement of a heifer; that such proceeding had terminated favorably to the plaintiff and that he had been damaged in the sum of $50,000. The defendant answered, denying generally the allegations of the complaint, alleging affirmatively that plaintiff had been...

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