SMITH v. NELSON

No. 73-162.

501 S.W.2d 769 (1973)

Walter SMITH and B. J. McAdams, Inc., Appellants, v. Ralph NELSON, Appellee.

Supreme Court of Arkansas.

December 3, 1973.


Attorney(s) appearing for the Case

Smith, Williams, Friday, Eldredge & Clark by Frederick S. Ursery, Little Rock, for appellants.

Howell, Price, Howell & Barron, Little Rock, for appellee.


HOLT, Justice.

A jury awarded appellee $2,000 for compensatory damages in a cause of action based upon malicious prosecution and abuse of process. The sole contention on appeal is that the abuse of process instruction was not warranted by the evidence.

In determining if the evidence is sufficient to submit a cause or issue to the jury, we review the evidence most favorable to the appellee. Baldwin v. Wingfield, 191 Ark. 129, 85 S.W.2d 689 (1935). Appellee...

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