Price v. Morris
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Port Smith District; Paul Little, Judge; STATEMENT BY THE COURT. • This is an action for malicious prosecution brought by Emmett Morris against M. Gr. Price and P. B. Bumgardner.
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Appeal from Sebastian Circuit Court, Port Smith District; Paul Little, Judge; STATEMENT BY THE COURT. • This is an action for malicious prosecution brought by Emmett Morris against M. Gr. Price and P. B. Bumgardner. The action is based upon the following facts: The defendant P. B. Bumgardner became postmaster of the city of Port iSmith, Arkansas, on March 12, 1910. His commission expired on March 12, 1914, but he held over until July 15,1914. When he became postmaster the plaintiff was a clerk in the office but after four months Bumgardner made him foreman of the work room. In 1912 plaintiff…
1Opinion of the CourtHart, J.
(after stating the facts.) (1) As we have already stated, there was not only testimony from which the jury might have inferred legal malice but even express malice. Want of probable cause and malice, combined, are essential !in order to maintain a suit for malicious prosecution. If either of these is wanting the action must fail.
(2-3) Malice generally may be inferred from the evidence of want of probable cause; but the converse of the proposition can not be sustained. Absence of probable cause is absolutely essential to sustain an action for malicious prosecution. No matter how much or what…
2Cases cited6 opinions
- Hamilton v. SmithMichigan Supreme Court · 1878
- Thompson v. Beacon Valley Rubber Co.Supreme Court of Connecticut · 1888
- Kansas & Texas Coal Co. v. GallowaySupreme Court of Arkansas · 1903
- Laster v. BraggSupreme Court of Arkansas · 1913
- Morris v. CorsonNew York Supreme Court · 1827
1 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Sundeen v. KrogerSupreme Court of Arkansas · 2003
- Kable v. CareySupreme Court of Arkansas · 1918
- Carmical v. McAfeeCourt of Appeals of Arkansas · 1999
- Jennings Motors v. BurchfieldSupreme Court of Arkansas · 1931
- Grandjean v. GrandjeanSupreme Court of Arkansas · 1994
10 more not listed; retrieve them via the Exa API.