Marlatte v. Weickgenant
Michigan Supreme Court
Error to Calhoun; Hopkins, J. Case by Lottie A. Marlatte against Jacob Weickgenant for malicious prosecution and abuse of criminal process. There was judgment for defendant on a verdict directed by the court, and plaintiff brings error.
1Opinion of the CourtHooker, J.
This cause was taken from the jury, in favor of the defendant, upon one or all of the following grounds, viz.:
1. Plaintiff has failed to show want of probable cause for making complaint.
2. Plaintiff has failed to show malice on the part of the defendant in making the complaint.
3. The evidence shows the plaintiff guilty of larency, upon her own showing.
4. The plaintiff has failed to show a determination or ending of the criminal prosecution in such a way that would entitle her to commence this suit.
5. The proofs show that defendant acted upon the advice of counsel in making the complaint.
Counse…
2Cases cited34 opinions
- Reich v. . CochranNew York Court of Appeals · 1896
- Mayer v. WalterSupreme Court of Pennsylvania · 1870
- Adams v. . Irving National BankNew York Court of Appeals · 1889
- Wood v. GravesMassachusetts Supreme Judicial Court · 1887
- Hamilton v. SmithMichigan Supreme Court · 1878
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3Cited by13 opinions
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- Moore v. Michigan National BankMichigan Supreme Court · 1962
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