Opinion
No. 13,432.
Decided June 10, 1935. Opinion modified and rehearing denied July 29, 1935.
Action for damages for malicious prosecution based upon allegations contained in a cross-complaint in a civil action. Judgment for plaintiff.
Affirmed.
1. APPEAL AND ERROR — Malicious Prosecution — Procedure — Evidence. In an action for damages for malicious prosecution, on a review of the record it is held that the lower court adopted the proper procedure, instructed the jury fairly and fully, and rightly held that the evidence justified a verdict for plaintiff.
Error to the District Court of Boulder County, Hon. Neil F. Graham, Judge.
Mr. L.R. TEMPLE, Mr. JOHN H. SIMPSON, pro se, for plaintiffs in error.
Messrs. RINN CONNELL, for defendant in error.
UPON trial of a malicious prosecution damage case, a jury found adversely to plaintiffs in error and fixed the damages, and determined that plaintiff in error Simpson had been guilty of malice. Judgment entered in accordance with the verdict, "body judgment" going against Simpson. Error is assigned.
Complaint is made of rulings on admission of testimony, and of instructions refused and given; also, the general sufficiency of the evidence is challenged. The nature of the case appears in an earlier review, where we analyzed and sustained the complaint. Slee v. Simpson, 91 Colo. 461, 15 P.2d 1084. The case is unusual in that it grows out of the prosecution of a civil action rather than a criminal proceeding, and is further novel because the claimed offending finds predicate in a cross-complaint in the civil action. The situation is fully discussed and controlling principles announced in Slee v. Simpson, supra. Our study of the record leads to the conclusion that the court understood our pronouncement, adopted the proper procedure, ruled on questions of admission of evidence as the practice required, instructed fairly and fully, and rightly held that the evidence justified the verdict returned. We find nothing in the record to warrant reversal. The judgment is affirmed.
MR. CHIEF JUSTICE ADAMS and MR. JUSTICE HILLIARD concur.