Jackson v. Bell
South Dakota Supreme Court
Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. Action for malicious prosecution. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. From the evidence the court should have decided as a matter of law that there was probable cause for the arrest. But if there were any facts to be decided upon conflicting evidence, the court should have submitted special findings and declared the law applicable thereto.
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Appeal from circuit court, Spink county. Hon. A. W. Campbell, Judge. Action for malicious prosecution. Judgment for plaintiff, and defendant appeals. The facts are stated in the opinion. From the evidence the court should have decided as a matter of law that there was probable cause for the arrest. But if there were any facts to be decided upon conflicting evidence, the court should have submitted special findings and declared the law applicable thereto. It was the province of the jury to determine whether the cii-cum stances were true or not, and for the court to determine whether they…
1Opinion of the CourtFuller, J.
This action was instituted and prosecuted to judgment to recover $1,200 damages, alleged to have been sustained on account of a malicious prosecution of plaintiff before an-examining magistrate upon a charge of grand larceny, growing out of the following facts as disclosed by the evidence. Plaintiff, who lives 100 rods from defendant’s place of residence, discovered certain cattle, including one bull, upon his premises, and within his door yard, at milking time, on the morning of the 27th day of September, 1890; and, as such cattle were annoying and hooking certain cows which plaintiff kept…
2Cases cited9 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Hamilton v. SmithMichigan Supreme Court · 1878
- Heltonville Manufacturing Co. v. FieldsIndiana Supreme Court · 1894
- Murray v. LongNew York Supreme Court · 1828
- Lombard v. LennoxMassachusetts Supreme Judicial Court · 1891
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3Cited by11 opinions
- Indianapolis Traction & Terminal Co. v. HenbyIndiana Supreme Court · 1912
- Bucher v. StaleySouth Dakota Supreme Court · 1980
- Barrow v. Weddle Brothers ConstructionIndiana Court of Appeals · 1974
- Larsen v. JohnsonSouth Dakota Supreme Court · 1920
- McIntyre v. MeyerSouth Dakota Supreme Court · 1965
6 more not listed; retrieve them via the Exa API.