Schaefer v. Cremer
South Dakota Supreme Court
Appfeal from circuit court, Turner county; Hon,.E. G. Smith, Judge. Action by Louis Schaefer against Peter Cremer. Demurrer to complaint was overruled, and plaintiff appeals.
1Opinion of the CourtEullRR, J.
The sufficiency of the facts stated to constitute a cause of action for malicious prosecution is the only question presented by this appeal from an order overruling a demurrer to the complaint in which it is alleged, in substance, that on the 15th day of October, 1903, the defendant maliciously and without probable cause charged plaintiff in a sworn complaint before a justice of the peace with the crime of malicious mischief, on account of which he was arrested, and to obtain his release gave a bond in the penal sum of $300.
It appears from the uncontroverted statement in the brief of…
2Cases cited8 opinions
- Page v. Citizens Banking Co.Supreme Court of Georgia · 1900
- Hurgren v. Union Mutual Life InsuranceCalifornia Supreme Court · 1904
- Coffey v. MyersIndiana Supreme Court · 1882
- Moyle v. DrakeMassachusetts Supreme Judicial Court · 1886
- Zebley v. StoreySupreme Court of Pennsylvania · 1888
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3Cited by5 opinions
- Hunter v. MilhousIndiana Court of Appeals · 1973
- Tredway v. BirksSouth Dakota Supreme Court · 1932
- Harrelson v. JohnsonSupreme Court of South Carolina · 1922
- Knoshaug v. PollmanDistrict Court, D. North Dakota · 1956
- Gubele v. NiesSouth Dakota Supreme Court · 1933