Bulkeley v. . Keteltas
New York Court of Appeals
Appeal from the general term of the Superior Court of the city of New York, where a judgment entered upon a verdict in favor of the plaintiff had been affirmed. (Reported below, 4 Sandf. 450.) This was an action for malicious prosecution. The plaintiff had been acquitted on the trial of an indictment for perjury, in which the defendants were said to have been the prosecutors.
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Appeal from the general term of the Superior Court of the city of New York, where a judgment entered upon a verdict in favor of the plaintiff had been affirmed. (Reported below, 4 Sandf. 450.) This was an action for malicious prosecution. The plaintiff had been acquitted on the trial of an indictment for perjury, in which the defendants were said to have been the prosecutors. The alleged perjury consisted in swearing that the plaintiff had no interest in the event of a suit, in which he had been examined as a witness. On the trial of the present cause, the evidence was quite contradictory as…
1Opinion of the Court
*Gridley, J.,
after expressing an opinion as to the weakness of the evidence against one of the defendants, proceeded: — Again, I am of opinion, that there were errors in the charge of the judge, for which the verdict should be set aside.
* qo7 i *1- When there is no dispute about the facts, -* the question of the want of probable cause is for the determination of the court. Where the facts are controverted or doubtful; whether they are proved, or not, belongs to the jury to decide, or, in other words, whether the circumstances alleged are true, is a question of fact; but, if true, whether they…
2Cases cited4 opinions
- Pangburn v. BullNew York Supreme Court · 1828
- Masten v. DeyoNew York Supreme Court · 1829
- Bulkeley v. SmithThe Superior Court of New York City · 1853
- Baldwin v. WeedNew York Supreme Court · 1837
3Cited by21 opinions
- People v. KilvingtonCalifornia Supreme Court · 1894
- Hess v. Oregon Baking Co.Oregon Supreme Court · 1897
- Anderson v. . HowNew York Court of Appeals · 1889
- Miller v. MilliganNew York Supreme Court · 1866
- McKenna v. . the PeopleNew York Court of Appeals · 1880
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