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MESSINGER v. FULTON

No. 38,812

173 Kan. 851 (1953)

252 P.2d 904

ROBERT L. MESSINGER, Appellant, v. LOUIS J. FULTON, Appellee.

Supreme Court of Kansas.

Opinion filed January 24, 1953.

Attorney(s) appearing for the Case

A.B. Mitchell, of Lawrence, argued the cause, and George K. Melvin, of Lawrence, was with him on the briefs for the appellant.

Harry A. Lanning, of Seneca, argued the cause, and William M. Drumm, of Seneca, was with him on the briefs for the appellee.

The opinion of the court was delivered by

PARKER, J.:

This is a suit to recover damages for malicious prosecution. The plaintiff appeals from the trial court's action in sustaining a demurrer to his evidence, in rendering judgment against him for costs, and in overruling his motion for a new trial.

The principal question raised by this appeal, and the one on which all other issues involved will stand or fall, is whether the trial court erred in sustaining...

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