BUCHER v. STALEY

No. 12607.

297 N.W.2d 802 (1980)

Dale BUCHER, Plaintiff and Appellant, v. Richard F. STALEY, Defendant and Appellee.

Supreme Court of South Dakota.

Decided October 22, 1980.

Rehearing Denied November 26, 1980.


Attorney(s) appearing for the Case

John E. Burke, Sioux Falls, for plaintiff and appellant; John N. Gridley, III, Sioux Falls, on brief.

G. J. Danforth, Jr., of Danforth, Danforth & Johnson, Sioux Falls, for defendant and appellee.


ANDERST, Circuit Judge.

This is an action for malicious prosecution. It originates from a mental illness proceeding initiated by the appellee against the appellant. From a jury verdict in favor of the appellant, the trial court entered a judgment n. o. v. We reverse.

Appellant and appellee had known each other for several years on a social basis. When appellant and his wife incurred marital difficulties, appellant's wife and family moved in with appellee and...

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