VAN ARSDALE v. CASWELL


311 S.W.2d 404 (1958)

Howard L. VAN ARSDALE, Appellant, v. Paul CASWELL, Appellee.

Court of Appeals of Kentucky.

March 14, 1958.


Attorney(s) appearing for the Case

Raymond C. Arny, Louisville, for appellant.

Sal Pinto, Louisville, for appellee.

Herbert L. Segal, Louisville, amicus curiæ, for Kentucky Civil Liberties Union, Inc.

Raymond C. Stephenson, Louisville, for Louisville Police Officers Ass'n, amicus curiæ.


SIMS, Judge.

This is an appeal from a summary judgment holding that "filing away" a criminal warrant was not a final determination thereof in favor of appellant, Howard L. Van Arsdale, such as to support an action of malicious prosecution against appellee, Paul Caswell, who swore out the warrant.

On the afternoon of August 20, 1956, appellant in parking his car on a Louisville street struck one that appellee Caswell had in his possession. Appellant and appellee...

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