McIntosh v. Wales
Wyoming Supreme Court
ERROR to the District Court, Fremont County; Hon. Charlrs E. Carprntrr, Judge. The material facts are stated in the opinion. An action for malicious prosecution cannot be maintained upon an arrest made upon a complaint charging no crime, or where the alleged complaint was prepared by the justice of the peace and only signed by the parties giving the information to the justice, and said parties took no part thereafter in the arrest or proceeding.
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ERROR to the District Court, Fremont County; Hon. Charlrs E. Carprntrr, Judge. The material facts are stated in the opinion. An action for malicious prosecution cannot be maintained upon an arrest made upon a complaint charging no crime, or where the alleged complaint was prepared by the justice of the peace and only signed by the parties giving the information to the justice, and said parties took no part thereafter in the arrest or proceeding. The complaint upon which this action was based lacked the necessary elements to charge a crime. (Comp. Stat. 1910, Secs. 5827, 5829, 5830-5832.) It…
1Opinion of the Court
Scott, Chirr justicr.
The defendant in error as plaintiff recovered judgment for the sum of $500 and costs against the plaintiffs in error as defendants in the District Court of Fremont County for an alleged malicious prosecution. A motion to set aside the verdict and for a new trial was filed, which the court overruled and the defendants bring error..
There are two separate counts contained in the petition, but the court withdrew the first and the issue as finally submitted to the jury was upon the second count and the evb dence directed thereto. It is alleged in the second count as follows:
“An…
2Cases cited20 opinions
- Cosfriff Bros. v. MillerWyoming Supreme Court · 1902
- Israel v. BrooksIllinois Supreme Court · 1860
- Woodworth v. MillsWisconsin Supreme Court · 1884
- Krug v. WardIllinois Supreme Court · 1875
- Ross v. HixonSupreme Court of Kansas · 1891
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3Cited by33 opinions
- Danculovich v. BrownWyoming Supreme Court · 1979
- Mayflower Industries v. Thor Corp.New Jersey Superior Court Appellate Division · 1951
- Stephens v. ConleyMontana Supreme Court · 1914
- Cates v. EddyWyoming Supreme Court · 1983
- Kuhnhausen v. StadelmanOregon Supreme Court · 1944
28 more not listed; retrieve them via the Exa API.