Gustason

The action herein was one for malicious prosecution. The jury returned a verdict in favor of the defendants. This is an appeal from the judgment, it being contended by the appellant that the evidence is insuffi cient to support the verdict, or perhaps it would be more accurate to say that the evidence compelled a verdict for the plaintiff. '

The appellant, a licensed osteopathic physician and surgeon, was employed by the respondent A. J. Speak to attend his wife. According to the testimony of this respondent the doctor made three trips to his house before Mrs. Speak was taken to the hospital to be operated on, in accordance with the advice of the appellant. The respondent A. J. Speak claimed and testified that he discharged the appellant the same evening his wife was taken to the hospital. According to the appellant, however, he had charge of the operation and selected an assistant and a doctor to administer the anesthetic, and called on the patient every day for three weeks and occasionally thereafter. Consequently a dispute arose over his charge for services rendered. The appellant claimed $200, the respondent A. J. Speak asserting that it should be very much less. After some…