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SCHMIDT v. LEBEN

Civ. No. 8568.

184 N.W.2d 611 (1971)

Anthony J. SCHMIDT, Plaintiff and Respondent, v. Leonard LEBEN and Bismarck Super Market, a corporation, Defendants and Appellants.

Supreme Court of North Dakota.

March 10, 1971.

Attorney(s) appearing for the Case

Pearce, Engebretson, Anderson, Schmidt & Thames, Bismarck, for defendants-appellants.

Floyd B. Sperry, Bismarck, for plaintiff-respondent.

KNUDSON, Judge.

This is an action for damages for malicious prosecution, the plaintiff charging that the criminal proceedings were instituted without probable cause and with malice; that he was damaged in the sum of $2,000 actual damages; and for the further sum of $5,000 punitive damages.

The defendants answered jointly, and except for admitting the corporate capacity of the defendant Bismarck Super Market and that Leonard Leben was the manager, as alleged...

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