BASSINOV v. FINKLE

No. 381.

134 S.E.2d 130 (1964)

261 N.C. 109

Edward A. BASSINOV v. Max FINKLE.

Supreme Court of North Carolina.

January 17, 1964.


Attorney(s) appearing for the Case

Melvin H. Burke, Roxboro, and Blackwell M. Brogden, Durham, for plaintiff.

Jordan & Toms, Raleigh, for defendant.


MOORE, Justice.

Defendant assigns as error the denial of his motion for nonsuit made at the close of all of the evidence.

First, defendant contends that the action is not maintainable for the reason that the larceny warrant is fatally defective and invalid.

An action for malicious prosecution must be predicated upon a valid warrant. Caudle v. Benbow, 228 N.C. 282, 45 S.E.2d 361. A motion for nonsuit in an action for malicious prosecution challenges...

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