Legal Opinion

Carson v. Edgeworth

Michigan Supreme Court

Decided April 8, 1880PublishedCited by 11 opinions

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

  1. McKown v. . HunterNew York Court of Appeals · 1864
  2. Oliver v. PateIndiana Supreme Court · 1873
  3. Burhans v. Sanford & BrownNew York Supreme Court · 1838
  4. Flickinger v. WagnerCourt of Appeals of Maryland · 1877
  5. Green v. CochranSupreme Court of Iowa · 1876

3Cited by11 opinions

  1. Friedman v. DozorcMichigan Supreme Court · 1981
  2. Glieberman v. FineMichigan Supreme Court · 1929
  3. Perry v. SulierMichigan Supreme Court · 1892
  4. Griswold v. HorneArizona Supreme Court · 1917
  5. Miles v. WalkerNebraska Supreme Court · 1902

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