Hlubek v. Pinske
Supreme Court of Minnesota
Action in the district court for Norman county to recover $5,000 damages for malicious prosecution. The case was tried before Watts, J., and a jury, which rendered a verdict in favor of plaintiff for $150. From an order denying a motion for a new trial, defendant appealed.
1Opinion of the CourtLovely, J.
Plaintiff and defendant were neighbors. Hostile and unfriendly feelings had grown up between them, which had continued for several years. Defendant charged plaintiff before a justice of the peace with the crime of arson. Upon the hearing before the magistrate, plaintiff was held to the grand jury. No indictment was returned. Plaintiff then brought action for malicious prosecution, in which he had a verdict. Motion for a new trial was overruled. From this order defendant, by appeal, brings the record to this court for review.
On the trial evidence was given to the effect that plaintiff’s wife…
2Cases cited2 opinions
- McIntire v. LeveringMassachusetts Supreme Judicial Court · 1889
- Mitchell v. DaviesSupreme Court of Minnesota · 1892
3Cited by2 opinions
- Shea v. Cloquet Lumber Co.Supreme Court of Minnesota · 1906
- Shafer v. HertzigSupreme Court of Minnesota · 1904