Judges: PER CURIAM. —
Attorneys: Elvin A. Bass, for Plaintiff in Error;
Paschol C. Reese and Winters, Foskett Wilcox, for Defendant in Error.
Filed: Nov. 20, 1929
Latest Update: Mar. 02, 2020
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 972 Wilhelm brought an action for damages alleging malicious prosecution. Defendants appeared and thereafter, on the rule day in September, 1925, default was regularly entered against them for want of plea or demurrer, and thus the case stood on September 15, 1927, when an attorney, not of record, on behalf of plaintiff filed with the clerk praecipe to have t
Summary: [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 972 Wilhelm brought an action for damages alleging malicious prosecution. Defendants appeared and thereafter, on the rule day in September, 1925, default was regularly entered against them for want of plea or demurrer, and thus the case stood on September 15, 1927, when an attorney, not of record, on behalf of plaintiff filed with the clerk praecipe to have th..
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The record in this cause having been considered by the Court, and the foregoing opinion prepared under Chapter 14553, Acts of 1929, adopted by the Court as its opinion, it is considered, ordered and adjudged by the Court that the judgment of the court below should be, and the same is hereby, reversed, and the cause is remanded with directions to enter final judgment for the plaintiff below on the verdict, unless a motion
in arrest of judgment, or for judgment non obstante veredicto
shall be made and prevail.
TERRELL, C. J., AND WHITFIELD, ELLIS, STRUM, BROWN AND BUFORD, J. J., concur.
