Ziegler

In this malicious prosecution action, plaintiff appeals from a judgment rendered by the court, without a jury, by which it is decreed that plaintiff recover nothing. The trial court, on sufficient evidence, found in favor of defendant on all contested issues. Plaintiff’s chief contention on appeal is that the court received and considered certain evidence which was not properly admissible. We have concluded, however, that such evidence as may not have been properly before the court was not, in the light of all the evidence and the findings, materially prejudicial to plaintiff’s case and that the judgment must be affirmed.

As disclosed by the record, the facts which gave rise to the controversy are substantially as follows: On September 26, 1942, defendant Juliette Beuze swore to a complaint charging that on or about September 16, 1942, plaintiff Louise Ziegler committed the misdemeanor of disturbing the peace. On October 2, 1942, the complaint was dismissed by a judge of the municipal court and on October 17, 1942, this action was filed.

The “international character” of the controversy was stressed in the trial court. Plaintiff and her husband, Christopher Ziegler, of Austrian…