Mack v. Sharp
Michigan Supreme Court
Error to Livingston; Smith, J. Case by Grlenn S. Mack against James Sharp for malicious prosecution. There was judgment for plaintiff, and defendant brings error.
1Opinion of the CourtMontgomery, J.
This is an action for malicious prosecution. The plaintiff was, at the instance of defendant, arrested upon a charge of criminal libel. He was acquitted, brought this action, recovered substantial damages, and defendant brings error. Numerous assignments of error appear in the record, but we discuss only such as are likely to arise on a new trial.
1. The court held and instructed the jury that one could not be guilty of an offense under section 11762, 3 Comp. Laws, who circulates a libel. This view of the law is opposed to the authorities. 18 Am. & Eng. Enc. Law (2d Ed.), p. 1056.
2. The'court…
2Cases cited6 opinions
- Parkhurst v. MastellerSupreme Court of Iowa · 1881
- Lancaster v. McKayCourt of Appeals of Kentucky · 1898
- Josselyn v. McAllisterMichigan Supreme Court · 1872
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- Patterson v. GarlockMichigan Supreme Court · 1878
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3Cited by11 opinions
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