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KERSEY v. SMITH

No. 522.

114 S.E.2d 117 (1960)

252 N.C. 468

Jewel Y. KERSEY v. Jacob M. SMITH.

Supreme Court of North Carolina.

May 4, 1960.

Attorney(s) appearing for the Case

Moser & Moser, Asheboro, for plaintiff.

Miller & Beck, Asheboro, for defendant.

DENNY, Justice.

We think the determinative question on this appeal is whether or not a counterclaim for malicious prosecution, based on the criminal prosecution instituted on 20 October 1959 and which ended favorable to the defendant, may be maintained in an action for alleged damages growing out of an assault allegedly committed on 10 October 1959.

Whatever right of action the plaintiff has growing out of the alleged...

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