
    No. 886
    RAMUS & JACKSON
    Ohio Appeals, 8th District, Cuyahoga County
    No. 4597.
    Oct. 29, 1923
    45. MALICIOUS PROSECUTION.
    Does not lie for civil action for slander, or in abence of allegation ofvconspiracy to commit unlaw-ul acts.
    Attorneys — Berkeley Pearce, for plaintiff; White, Brewrer & Curtis, for defendant; all of Cleveland.
   SULLIVAN, J.

Epitomized Opinion

Action for damages based upon the injury done plaintiff by defendant in a slander suit brought by defendant against plaintiff, which suit resulted in a verdict and judgment for plaintiff. In the Common Pleas the court sustained a demurrer to the petition on the ground that it did not state a cause of action and rendered judgment for defendant. Plaintiff brought error proceedings. Held:

An examination of the petition shows that it is one for damages for the malicious prosecution of a civil case where there has been no arrest of the person or seizure of property. Under such circumstances no suit will lie- 61 OS- 489- The petition attempted, but failed to allege a conspiracy to procure perjury on the part of witnesses who testified in the slander suit. Had it succeeded in thus alleging a conspiracy to commit unlawful acts the petition would have stood on demurrer. Judgment affirmed.  