Carson v. Edgeworth
Michigan Supreme Court
Error to Saginaw. Trespass on tee case. Defendant brings error. Evidence of matters outside of the complaint on which a prosecution is based is inadmissible in an action for malicious prosecution, Josselyn v. McAllister 25 Mich. 45; Cooley on Torts 183; 4 Wait’s Actions 344.
1Opinion of the CourtCooley, J.
Carson brought suit against Edgeworth for prosecuting him maliciously on two unfounded charges; the one for breaking down Edgeworth’s shade trees, April 13,1879, and the other for disturbing a religious meeting *242on the same day. . On the trial the plaintiff, as a witness on his own behalf, gave evidence tending to prove that he was twenty-one years of age and upwards; that one James Tuttle was fifteen years old; that together they went from their homes in Corunna to Chesaning, April 12, 1879, stopping there over night; that on the next day, which was Sunday, they left Chesaning about nine…
2Cases cited5 opinions
- McKown v. . HunterNew York Court of Appeals · 1864
- Oliver v. PateIndiana Supreme Court · 1873
- Burhans v. Sanford & BrownNew York Supreme Court · 1838
- Flickinger v. WagnerCourt of Appeals of Maryland · 1877
- Green v. CochranSupreme Court of Iowa · 1876
3Cited by11 opinions
- Friedman v. DozorcMichigan Supreme Court · 1981
- Glieberman v. FineMichigan Supreme Court · 1929
- Perry v. SulierMichigan Supreme Court · 1892
- Griswold v. HorneArizona Supreme Court · 1917
- Miles v. WalkerNebraska Supreme Court · 1902
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