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CARNEGIE v. GAGE FURNITURE, INC.

No. 47,587

217 Kan. 564 (1975)

538 P.2d 659

DEANNA CARNEGIE, Appellee, v. GAGE FURNITURE, INC., d/b/a TOM, DICK & HARRY, Appellant.

Supreme Court of Kansas.

Opinion filed July 17, 1975.

Attorney(s) appearing for the Case

James L. Grimes, Jr., and Michael J. Grady, of Cosgrove, Webb and Oman, of Topeka, argued the cause and were on the brief for the appellant.

Fred W. Phelps, of Topeka, argued the cause and was on the brief for the appellee.

The opinion of the court was delivered by

HARMAN, C.:

This is an action for damages for malicious prosecution of a civil suit. Trial to a jury resulted in a judgment for plaintiff from which defendant has appealed.

Plaintiff Deanna Carnegie alleged in her petition that on July 29, 1970, defendant Gage Furniture, Inc., maliciously instituted a replevin action against her for recovery of a color television set...

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