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ALFRED W. DUCKETT, Appellant, v. CHARLES F. HOFFERBERTH, Respondent.

PER CURIAM:

We think that the plaintiff failed to sustain a cause of action for malicious prosecution. So far as any prosecution was instituted by the defendant the plaintiff failed to show a lack of probable cause, and the complaint should have been dismissed. Under such circumstances the court is not required to reverse a verdict for the plaintiff for one cent. The judgment and order appealed from should be affirmed, with costs.

PER CURIAM:

Judgment and order affirmed, with costs.

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DUCKETT v. HOFFERBERTH
(Dec 1, 1913)