McNulty v. Walker
Mississippi Supreme Court
Appeal from the Circuit Court, of Clay County. 'Hon. W. M. Rogers, Judge. Frank McNulty made an affidavit against C. K. Walker and one Brassfield, charging them with stealing his hog. They were arrested and tried and Walker was discharged. Thereupon he brought this action against McNulty for malicious prosecution.
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Appeal from the Circuit Court, of Clay County. 'Hon. W. M. Rogers, Judge. Frank McNulty made an affidavit against C. K. Walker and one Brassfield, charging them with stealing his hog. They were arrested and tried and Walker was discharged. Thereupon he brought this action against McNulty for malicious prosecution. The evidence shows that McNulty had both tame and wild hogs; that he had lost several of these hogs; that he had authorized one J. B. Walker and Brassfield to kill his wild hogs on shares ; that on or about April 11, 1883, he was informed by one Vail that C. K. Walker and Brassfield…
1Opinion of the CourtAenold, J.
The verdict was manifestly’wrong, and the instruction asked by appellant, to the effect that the jury should find for him, should have been given. In an action for malicious prosecution, it is essential for the plaintiff to show that the prosecution complained of was instituted with malice and without probable cause. Here the proof, by uncontradicted testimony, of probable cause, that is to say, of such a state of facts as would ordinarily be sufficient to produce a reasonable belief that the party charged was guilty, is abundant.
It is not disputed that appellant’s hog was killed by appellee…
2Cases cited1 opinion
- Greenwade v. MillsMississippi Supreme Court · 1856
3Cited by6 opinions
- Simmons v. GardnerWashington Supreme Court · 1907
- Lewton v. HowerSupreme Court of Florida · 1895
- Nettleton v. CookIdaho Supreme Court · 1917
- McDonald v. Atlantic & Pacific RailroadArizona Supreme Court · 1889
- Lancaster v. PittsMississippi Supreme Court · 1929
1 more not listed; retrieve them via the Exa API.