SMITH v. KIDD


246 S.W.2d 155 (1951)

SMITH et al. v. KIDD.

Court of Appeals of Kentucky.

Rehearing Denied March 7, 1952.


Attorney(s) appearing for the Case

Thomas Burchett, Ashland, for appellants.

Phipps & Phipps, Ashland, for appellee.


CULLEN, Commissioner.

In an action for malicious prosecution, against Smith Motor Sales and its manager, Lawson Walters, the jury returned a verdict for $1,000 in favor of the plaintiff, Lawrence M. Kidd. From the judgment entered upon that verdict, the defendants have appealed.

The appellants maintain that the trial court erred: (1) In refusing to sustain their demurrer to the petition; (2) in refusing to grant their motion for a peremptory instruction; ...

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